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Constantly Helps Those Around Him

John is knowledgeable and experienced but more than that he is a good human. He helps those around him on a consist basis, offering lawyers advice, giving of himself and his office.…...Read More

A Top Notch Choice For Legal Representation

I have owed Attorney Fisher this 5 star review for some time now and am finally getting to it. I am a young Attorney in CT and I learned about Attorney Fisher…...Read More

Knowledgable, Compassionate, and Caring

I recently contacted Attorney Fisher to discuss a potential medical malpractice claim. Like most when calling an Attorney I had hundreds of questions and needed answers. Attorney Fisher was both kind and…...Read More

A Gift To Other Attorneys

What thorough, practical, real world, business development information he has provided for you in his books entitled The Power of a System and The Law Firm of Your Dreams. He really gets…...Read More

No Other Attorney I Would Rather Work With

John Fisher is extremely knowledgeable and an incredible person. There is no other attorney I would rather work with, or trust to handle something as important as a medical malpractice case....Read More

Steps In A Medical Malpractice Case

Laws

The victims of medical malpractice will often experience serious financial issues that are directly related to their damages. These financial difficulties can put a family that is already troubled into even greater financial difficulties. Unfortunately medical malpractice can take six months to a year or possibly even longer before a case can be settled. This may be too long for a family struggling to pay the bills.

How complex and strong a case is determines how long a case may take to settle or go through a trial. Most lawsuits end up settling out of court. Both sides are still required to file motions and go through discovery through the court process. A medical malpractice attorney needs to find the best balance between obtaining compensation for the family as quickly as possible and ensuring that they get a fair amount.

Initial Process

Discovery

Once a complaint has been filed and all parties notified of the lawsuits then both sides can then begin the process of discovery. During discovery, both parties will start to request information, evidence and related documentation from the other party in order to gather facts and build their cases. Also during discovery, the defense and plaintiffs will be required to hire an expert medical witness so they can consult on the case and advise them on the merits of their complaint.

Expert Witnesses

Both sides will call upon a neutral third party expert medical witness to investigate the details of their case, establish the standard of care, and determine if and how the medical negligence occurred. Expert medical witnesses must also determine if and how the negligence led to additional undue injury or damages. If both expert medical witnesses find that the standard of care was not breached, and negligence had not taken place, then it is likely the lawsuit will be dismissed. However, if the experts disagree, then it is possible that more witnesses may need to be called upon. If it is agreed by both medical experts that negligence likely occurred, then they will proceed with the lawsuit.
Negotiation

If during discovery and the expert medical opinion it is established that the case has merit then the defense will likely begin to try to settle the case. The defense attorneys who represent the medical malpractice insurance provider will attempt to minimize the amount of money their client will have to pay out for the lawsuit. They will also attempt to avoid having to go to trial because of the cost. The plaintiff’s lawyer will need to consider the case when whether a settlement amount is appropriate. If no reasonable offer is made by the defense then the case should go to trial.

Neither side wants to go to court, which is why most cases settle out of court. A trial is expensive and time-consuming. In general, only the cases where a settlement amount cannot be reached go to trial as a last option.

But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com. You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.