What You Need To Do In A Medical Malpractice Case To Be Successful


Success in any type of civil litigation requires the experience, expertise, and dedication of exceptional attorneys.  While many general practice attorneys are adept and skilled at serving their clients, sometimes unique situations require specialists.  Medical malpractice attorneys are specialists within the legal community.

Experienced medical malpractice attorneys understand the unique statute of limitations periods that apply to medical malpractice cases.  The experienced attorney also knows the unique rules that court follow when a medical malpractice case is tried.

The first step toward completing successful medical malpractice litigation is easy, but also sometimes the hardest step for victims to take.  The first step is to call an attorney.  Many victims of medical negligence aren’t sure if they have a valid claim; they might be afraid to look foolish or greedy; they might be afraid of the cost.  You should know that experienced medical malpractice attorneys treat their clients with respect, care, and compassion.  They are ‘people’ oriented and understand the trauma associated with being victimized by a negligent act.

It is important to contact an attorney timely.  So, the second step toward success it satisfying the statute of limitations period that governs medical negligence.  Patients have 2 ½ years from the date of the negligent act, or from the date of the last medical appointment that was completed in relation to the act of negligence.  Depending on the type of case, other limitations periods may apply.

Importantly, don’t be afraid to contact an attorney if you think too much time has passed.  Adept attorneys should still review the case to determine if time is left.  Also, not meeting the statute of limitations is a defense that the defendant must assert; if the defense is not asserted, the case can be allowed to continue.

The case will be commenced when the attorney files the appropriate paperwork with the appropriate court.  By then, the attorney would have reviewed numerous medical records and even interviewed other persons.  Both the plaintiff’s attorney and the defense would enter various stages of discovery and serve interlocutory papers on each other.

Conferences will be held with the judge and eventually, the court will be asked to set the case on the calendar for trial.  This is the next big step and a big event in civil litigation.  While this may take time, the skilled attorney will have received the opinions of numerous experts along the way who will support the plaintiff’s claim that negligence occurred and is compensable.

The next step is trial itself.  The plaintiff’s attorney will question witnesses on the stand and experts will testify as to the duty held by the offending doctor, when the breach occurred, and in regard to the victim’s injuries and damages.

There are more minor steps in between and there are even additional steps after trial ends and even after a verdict is reached.

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.