Timeline of a Medical Malpractice Case

Gavel and stethoscope.

If you’ve been seriously injured due to medical malpractice or have lost a loved one because of medical negligence, you probably have a lot of questions. One of the first is what happens next?

Here’s a timeline of what you can expect during your medical malpractice case.

Step 1: Hiring an Attorney

Medical malpractice cases are extremely complex, and most people are unprepared to take on the hospitals (and their lawyers) on their own. Therefore, the first step in any potential medical malpractice case is finding a trusted attorney with experience dealing with hospitals and doctors.

Step 2: Filing the Initial Complaint

Once you hire an attorney, they’ll start collecting evidence and prepare the initial documents needed to file your claim with the court. Once your claim is in, your attorney will usually handle all the paperwork and phone calls while you wait for the discovery phase.

Step 3: Discovery Phase

During this time, each party is supposed to share information and evidence they’ve gathered about the case. The evidence and witness statements presented during discovery will have a huge impact on negotiations and a potential trial. The discovery phase is usually the longest element when it comes to a medical malpractice case.

Step 4: Negotiation

After the discovery phase is complete, attorneys will usually meet to negotiate a potential out-of-court settlement. About 95% of medical malpractice cases are resolved this way, without going to trial. However, if an agreement can’t be made, the case will progress to the final stage.

Step 5: Trial

Going to trial typically extends a case by many months, sometimes even a year or more. Once all the witnesses have spoken, and the jury has considered the evidence, they will deliver the verdict, and your medical malpractice case will come to its conclusion.

If you’d like an experienced Florida personal injury attorney from Gunn Law Group P.A. to evaluate your case, call (813) 993-1448 or send us an email.