If you were the victim of medical malpractice, it is important to know that you have legal rights and options. More specifically, you have the right to file a lawsuit against a doctor whose care harmed you. However, filing a lawsuit can be a confusing process. For this reason, it is wise to consult with a compassionate attorney and learn more about the process of a Troy medical malpractice case before making any decisions.
Filing a Medical Malpractice Claim
The formal process of a civil lawsuit begins when a plaintiff—or their malpractice attorney—files a case with the court. Before filing a claim, though, it is important for potential plaintiffs to understand the statute of limitations in Troy. According to New York Civil Practice & Law Rules §214-a, anyone seeking legal action in a medical malpractice lawsuit has two years and six months from the date of their injury to file.
Discovery in a Civil Case
After a plaintiff files a case, the period known as discovery begins. During this time, both the plaintiff and defendant’s attorneys share information back and forth, such as:
- Documentation of harm, such as medical reports
- Relevant medical examination notes
- Interrogation notes
The discovery process in most Troy medical malpractice cases allows both parties to build a case for trial, including using previously unknown evidence to support an argument. Depending on the amount of evidence available, discovery could last several months.
Potential for Settlement in a Medical Malpractice Case Trial
Troy does not mandate that those seeking a lawsuit attempt to settle before going to trial. However, settlement attempts may provide a fair and agreeable resolution for both the plaintiff and the defendant while avoiding the time commitment and stress of a trial. Settlement negotiations can occur at any point during the process of a Troy medical malpractice case.
If both parties cannot agree upon a settlement in a medical malpractice case, the case would proceed to trial. Depending on the schedule of a Troy court, it may take a year or more after the filing for a case to be heard.
During the trial, both the plaintiff and defendant, usually through their attorneys, would have the opportunity to present their cases, including opening and closing arguments. After both sides have presented their claims, either a judge or the jury would deliberate on the presented information and reach a verdict. At this point, the court would choose whether to award potential damages or not.
Following a final verdict, either party could ask for an appeal of a civil court’s decision. To do so, a notice of appeal must be filed within 30 days of the original judgment. An appeal is a formal process that requests a higher court to rule on potential errors in the factual determination of the case.
Understanding the Process of a Troy Medical Malpractice Lawsuit
If you are suffering from injuries after improper medical care, filing a lawsuit may seem like additional stress with no clear benefit. However, filing a lawsuit could help you seek justice for the harm you have suffered. Though you may not know where to start or how to stand up for your legal rights now, a knowledgeable medical malpractice lawyer could assist you.
Allow a qualified attorney to walk you through the process of a Troy medical malpractice case. In addition to providing information on civil litigation, your legal counsel could take the lead on your claim so you can focus on healing. Call today to discuss your legal options and begin your case.