Medical malpractice is a serious issue that can have devastating consequences for patients and families. Being involved in a medical malpractice lawsuit can be overwhelming and stressful, but it is important to know what to expect throughout the process. The typical steps include the following:
- Filing the Claim
The first step in a medical malpractice lawsuit is filing a claim with the appropriate court. This typically will require hiring a lawyer who will prepare and file a complaint alleging that the healthcare provider breached their standard of care, harming the plaintiff. The lawyer will also usually need to obtain a certificate of merit from a medical expert that supports the plaintiff's claim. Once the complaint is filed and served on the healthcare provider or institution being sued, they usually have a set time to answer the allegations.
- Discovery Phase
Once the lawsuit is filed, the discovery phase begins. During this stage, both sides exchange evidence and take depositions of witnesses. This process can take several months.
Parties may also file a motion(s) to the court during this phase. This phase helps both parties to gain an understanding of the strengths and weaknesses of their case.
- The Trial
If the case is not resolved during the discovery phase, it goes to trial. Each side will present its case to a judge and a jury, who will hear the evidence and decide who is responsible for the damages. The trial can last from several days to several weeks or months. However, the decision of the jury can usually be appealed if a party is unhappy with the outcome.
- The Appeal
If a party wants to appeal the decision, they will need to file a notice of appeal and request a new trial. If a party has an appeal, they believe they received an unfair judgment during the initial trial. The appeal process can take a long time, up to one year or more, depending on the case.
- Taking Care of Yourself
Being involved in a medical malpractice lawsuit can be a long, stressful, physical and emotional process. It's essential to take care of yourself during this time. Consider talking with a therapist or support group. Eat well and exercise regularly to reduce stress.
Medical malpractice lawsuits are complex and emotional, but understanding what to expect throughout the process can help you prepare and cope with the stress. From filing the claim and going through the discovery phase to the trial itself and any possible appeals, it's important to work with a qualified attorney and take care of yourself along the way. If you believe you have been a victim of medical malpractice, you may want to seek legal counsel to explore your options.
Let Us Be Your Guide
Medical malpractice injuries can dramatically affect your life and the lives of those around you. If you have sustained injuries due to medical negligence, then it is vitally important for you to reach out to the skilled attorneys here at Gunn Law Group P.A. for the representation that you deserve. Seeking justice and recovery for these injuries can be a complex legal process, and it requires the services of a skilled attorney who specializes in this field.
Take action today so that you may obtain the justice, compensation, and closure your injuries are deserving of. Don't wait! Contact us now to receive the much-needed representation you deserve.
Learn more about how we can help with your medical malpractice case or schedule a consultation by calling (813) 993-1448 or visiting our website.