A medical malpractice case may be initiated after a medical professional, usually, a doctor, fails to act in accordance with the proper standards of patient care and consequently causes harm to their patient. If you believe you have an injury that fits this situation, your first step should be to consult with a qualified medical malpractice attorney.

Your lawyer could review the circumstances of your injury and outline the complex and lengthy process of a Newburgh medical malpractice case. If you and the attorney decide to move forward with a medical malpractice case, it is important to be familiar with the following parts of a medical malpractice lawsuit.

Investigation

Learning about the circumstances surrounding the medical error and what the normal standards of care are is the focus of the investigation phase of a medical malpractice case. During this step, attorneys request and then perform an in-depth review of the patient’s medical records. Medical experts may then be consulted to provide their opinions.

At the conclusion of this step, the lawyer should feel confident that a healthcare provider was negligent in providing medical care to the patient. They should also be confident that the patient’s injury was the direct result of the negligent care.

Case Filing

Once the attorney and plaintiff are comfortable moving forward, a medical malpractice case can be filed. It is important for plaintiffs to note that, as per New York Civil Practice Law & Rules §214-A, their lawsuit must be filed within two years and six months after the malpractice has occurred. The sooner a potential plaintiff hires an experienced medical malpractice attorney, the easier it should be for them to file their case on time.

Discovery

This portion of the process of a Newburgh medical malpractice case involves the sharing of information that is vital to the case between all involved parties. The information is shared via written questions known as interrogatories, as well as by depositions of both lay and expert witnesses. Depositions are testimonies given under oath, usually done in a conference room of the plaintiff’s attorney’s office.

Negotiations and Settlement

Approximately 80 to 90 percent of medical malpractice cases are settled before going to trial, according to Medscape sources. Settlements are often reached through negotiations between the attorneys for both the plaintiff and the defendants.

When negotiating settlements, several factors may be considered, such as the severity of the plaintiff’s injuries and their medical expenses. However, if a settlement cannot be reached, the case would usually proceed to trial.

Trial Preparation and Trial

While a case can still settle during trial preparation, arrangements for trial would still be made at this point. A trial date would be set through the local court, experts would be scheduled to testify at the trial, and the plaintiff’s attorney would prepare questions for witnesses, opening and closing arguments, and visual aids. Focus groups may also sometimes be used to help determine how a jury might react to the case.

Learn More About the Process of a Newburgh Medical Malpractice Case

While the process of a Newburgh medical malpractice case is generally the same from one patient to the next, the ins and outs of each individual case may be different. Your medical malpractice lawyer may be able to tailor this process to you to increase the chances of a successful settlement or trial. Contact today to begin the process of seeking justice for your injuries.