It’s no secret that medical malpractice cases are complicated. Not only do both parties need to be well-versed in law, but they also need a background in medicine in order to successfully present a case. For this reason, it’s generally best to have an experienced medical malpractice attorney on your side if you become involved in one of these cases.
There’s so much that goes into a case, including knowing what legal papers have to be filed, when to file them, and where they should be filed. You will also need to find an expert witness to testify on your behalf to prove that the doctor had, in fact, made a mistake and harmed you in the process. The process of discovery will then have to be completed to uncover all the facts surrounding the case. Different types of discovery involved in a medical malpractice claim include:
- Interrogations: Written questions that you have to answer while under oath.
- Production of Documents Request: You will be required to produce specific documents that will be inspected and copied.
- Requests for Admissions: You will have to admit to the truthfulness of a particular statement of fact.
Also known as a deposition, these types of discoveries have to be given in front of a court reporter and under oath so they can be admissible in court. The difference between a deposition and a witness trial is that a judge is not present.
Mental and Physical Examinations
If the defendant – the doctor in question – and their lawyers call into question your physical and mental condition, they can request that you undergo a court-ordered physical and mental evaluation.
There is usually a lot of back and forth between parties, and you will be interviewed a lot. The doctor in question will most likely have their own private legal counsel on call specifically for such occasions, so at this time, it’s a good idea to call us and secure legal representation for yourself.
What Happens Next?
Once we have taken your case, there is generally a lot of waiting as the legal teams go back and forth. Because of the details and casework involved, it can be a good amount of time before a course of action can be decided on. As your attorney, we will make sure you are involved in every step of the way so you are up to date on any hearings or discoveries you need to attend. As hard as it is, you will have to be prepared to take time off of work and prepare child care if needed.
From the time of filing until the actual case, it wouldn’t be unusual if the other party speaks of settlement. However, we have a moral and legal obligation to you to discuss any and all settlement options before making any decisions. It is your decision. We will ensure that the offer they give you – if you decide to settle – is one that benefits you and is appropriate to the damages sustained.
The medical malpractice attorneys at Skousen, Gulbrandsen & Patience, PLC are dedicated to providing excellent legal representation in medical malpractice cases. We have helped bring relief to hundreds of our clients just like you, so contact us today to get started.