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Blog 2016 June Timeline for a Medical Malpractice Suit
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Timeline for a Medical Malpractice Suit

Posted By The Law Offices of Patrick L. Block, P.C. || 20-Jun-2016

If you think you may have a medical malpractice case, or if you’ve been told you have a case, you’ll want to begin taking the necessary steps to build your case. You should be aware, however, that there are a number of things that need to be done before your case goes to trial – if it does at all. In this blog, our Portland medical malpractice attorney explains the timeline of a medical malpractice suit.

Investigating Medical Records

Once you’ve hired an attorney, you’ll be asked several questions regarding your medical condition, treatment, and history – the lawyer wants to make sure he or she has a solid understanding of your story and your case. Your attorney will then gather all of your medical records and bills pertaining to your case, which can take several months. At that point, your attorney will determine if, from a legal standpoint, there is a valid medical malpractice case.

Seeking a Medical Expert’s Opinion

In the event that you do have grounds for a medical malpractice case, your lawyer will hire an expert medical witness. Expert medical witnesses are used for medical malpractice cases to determine negligence. The expert witness will be asked if your doctor acted as any other reasonable medical professional would under the same circumstances and if he or she is solely responsible for causing your harm.

Settlements and Negotiations

The truth of the matter is, many medical malpractice cases are settled before a lawsuit is filed, let alone heard in a courtroom. Although pre-lawsuit settlements are not very common, they’re not entirely unheard of.

Discovery

This is where the litigation begins. Each party investigates the opposing party’s defense and claims. Interrogatories, or questions, will be sent and you will be asked to submit a deposition. Depending on the deadlines imposed by the court, this process can take up to a year or more.

Mediation and Trial

Once the discovery portion is completed, the lawyers will then begin to discuss settlements. In mediation, both parties and their legal representation will discuss their case before a mediator in an attempt to settle. If mediation does not work, your case will be scheduled for trial. Trials are often rescheduled and pushed around, but once they begin, they can last a week or more.

Our premier legal team is devoted to you. Call (503) 491-4900 to schedule a free case evaluation with our Portland medical malpractice lawyer.

Categories: Medical Malpractice
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