Questions About Medical Malpractice Lawsuits

Medical malpractice can have serious emotional, physical, and financial impacts on victims and their families.

The high cost of medical treatment, lost income, and legal bills can increase the strain that families are already feeling as they attempt to put their lives back together and deal with the aftermath of a malpractice injury. Medical malpractice cases are very complicated and require the attention of a dedicated and experienced medical malpractice attorney who can pursue maximum compensation for victims and their families.

Medical malpractice cases are usually very time-consuming, however, and can be expensive to pursue. Many choose to settle out of court if at all possible in order to avoid the added expense of a trial. Discussing all of your options with a medical malpractice attorney and determining the best course of action should be a top priority.

How long will a medical malpractice case take?

The majority of cases will be settled out of court, but the length of a medical malpractice case case will depend on how complex the case is. They can take anywhere from several months to several years. Going to court has the possibility of a higher payout, while settling usually means accepting a much smaller payout, however, you generally receieve the money more quickly.

The Process of Filing a Medical Malpractice Lawsuit

Discovery Phase

The initial process involves notifying other parties of the intention to file a medical malpractice lawsuit. Then both sides begin the discovery process. Requests for information will be filed, evidence must be collected, and expert witnesses will be consulted. Both sides will work towards building a strong case that supports their claims.

Finding Expert Witnesses

Expert witnesses are usually crucial to building a strong case. These expert witnesses must be neutral third parties, and will be used to establish a standard of care, and help determine if and how medical malpractice occurred. Different states have different requirements for expert witnesses, so it is important that you consult with an experienced medical malpractice attorney in your area.

Expert medical witnesses are relied upon to identify whether the medical negligence caused any undue injury to the patient and in determining the amount of damages.

If both experts agree that medical negligence did not occur or that there was no breach in the standard of care, then in all likelihood the case will be dismissed. Alternately, the case will proceed if both experts agree that negligence occurred. Disagreement may result in the need for additional experts to be consulted with.

Deciding Whether to Settle or Take the Case to Court    

At this point it will be important to review all of the evidence that has been collected and the testimony of the expert witnesses and consult with your attorney to decide whether to settle or not settling or going to court is the best option.

St. Louis Medical Malpractice Attorneys

If have been a victim of medical malpractice in Missouri, contact the Zevan and Davidson Law Firm. We have a proven track record of getting results for our clients in even the most complex medical malpractice cases.

To schedule a free consultation call Zevan and Davidson at (314) 588-7200

or fill out our online contact form.

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