Steps Involved in Medical Malpractice Cases

Make no mistake: medical malpractice cases can be some of the hardest types of lawsuits to win in court, but that doesn’t mean you shouldn’t pursue your case if you have sustained injury from what you believe was medical malpractice. If you are interested in going forward with a medical malpractice claim, you should be aware of what the steps will be going forward.

Although state law varies greatly regarding medical malpractice, what follows is a general description of what you can expect to happen if you pursue a medical malpractice claim:

1. Talk to a medical malpractice lawyer.

Once you have decided to pursue your medical malpractice claim, you should speak with a lawyer who specializes in such cases. The lawyer will likely ask to see your medical records, and you should also be able to recount important events, dates, names, and locations that are medically related; even if you think something may not be important, write it down and/or locate a record that confirms your memory. Your attorney can decide later whether it is useful to your case or not.

2. File a lawsuit.

If a medical malpractice lawyer has agreed to take your case, you will be filing a lawsuit against your doctor, possibly other medical professionals, hospitals, and/or others who may share liability in your case. Your opponent, though, will most likely end up being one or more insurance companies responsible for paying for the malpractice claims of the defendants.

3. Discovery.

Discovery is exactly what it sounds like; each side gets to “discover” documents and other items that may help them prove their case. This is one of the most important parts of civil trials as discovered material is what eventually becomes evidence.

4. Go to trial or settle.

Once a medical malpractice lawyer has agreed to take on your case, you will either hear about settlement offers from the other side (which can reach into six figures or even more) or, if the other side feels they have a good case, you will be headed to court.

If there is a settlement, your case will end when everyone agrees on the payment amount and schedule. On the other hand, if your case goes to trial, the following steps may apply depending on your jurisdiction’s rules.

Remember, though, that settlement offers can be tendered throughout the process, and if you agree, the trial will end there.

5. Choice between judge and jury.

Most states allow the parties to choose whether a jury will decide the case or whether it will be heard only by a judge.

6. Jury selection.

If there will be a jury trial, the next step is jury selection through a process called voir dire. Each side may strike a certain number of jurors from the pool without giving a reason (peremptory challenges), and may choose to excuse an unlimited number of jurors for cause. Each side chooses jurors based on a series of written and verbal questions.

7. Opening statements.

Each side gets the opportunity to address the jury regarding how the case will proceed.

8. Plaintiff’s and defense’s cases.

Each side presents their evidence and witnesses, and the other side has the opportunity to cross-examine and otherwise try to rebut the evidence.

9. Closing arguments.

Each side present their final argument as to why the jury (or judge) should find in their favor.

10. Jury instructions and deliberations.

The judge gives the jury instructions regarding the applicable law and a list of specific questions jurors must answer when rendering their decision, including the amount of damages.

11. Verdict.

The jury delivers its verdict, or decision, to the court, and both sides are advised that a decision has been reached. In many jurisdictions, the judge has the authority to reduce or even override a jury’s award of damages.