What to Expect After Filing a Medical Malpractice Lawsuit

If you’re thinking about pursuing legal action against a medical provider who caused you harm, you might be wondering if it’s worth the time and effort and what the process is like. Filing a medical malpractice lawsuit is a big step, but if you have a strong case, it’s worthwhile.

If you’ve suffered harm from a medical error, here’s a general overview of what will happen when you move forward with a lawsuit.

Consult with a medical malpractice attorney

The first thing you’ll need to do is consult with an attorney to review your case. If you have a solid medical malpractice case, it’s essential to have legal representation. Attempting to navigate the court system on your own is a huge mistake.

Filing your lawsuit

Once you have a lawyer, you’ll file your official lawsuit. Then you’ll formally serve the healthcare provider and/or their insurance company with legal papers informing them of the lawsuit and they’ll have around 20-30 days to respond.

When they file their response, they can either deny the allegations or defend their position. However, liability is outright denied in most medical malpractice cases.

This phase is typically the hardest and full of the most resistance. For instance, the provider’s defense attorney will file motions to dismiss parts of your case or narrow its scope before you even get your case heard.

The discovery phase

During the discovery phase, both sides gather evidence, request documents, and question witnesses under oath. It’s a very time-consuming process that demands a lot of attention and energy. Your entire medical history will be scrutinized, including your test results and treatment notes.

At this time, you might be required to give a deposition where you’ll answer questions under oath for hours. Both sides will also be able to submit written questions to each other that must be answered truthfully. This phase can last months or years.

Expert witnesses

You can’t just prove that a medical mistake was made. You have to prove that the mistake directly caused your injury and was the result of negligence. Most medical malpractice lawsuits require expert witness testimony to prove negligence. Experts can explain what a competent medical professional should have done in your situation, and explain how the provider you’re suing deviated. Be prepared because the defense will bring in their own experts to argue that your care was appropriate or that your injury was caused by something else.

Settlement negotiations

More than 95% of medical malpractice cases never make it to trial, and that’s usually a good thing. Juries are unpredictable, and most cases aren’t worth the risk. At various points, the defense will offer some kind of settlement to avoid going to trial. Accepting a settlement guarantees compensation but it might be lower than what a jury would award. However, since you can’t predict how a jury will view your case, your attorney will probably advise you to settle.

At this stage, to speed things up and preserve court resources, you might be offered a chance to go through mediation where a neutral third party helps both sides negotiate a resolution.

Pre-trial motions and case preparation

If your case doesn’t settle, you’ll start preparing for trial. The other side will likely file motions to exclude expert testimony or certain evidence. If anything is unreliable or doesn’t qualify as legal evidence, it will be excluded.

During this phase, your lawyer will prepare you and your witnesses to provide testimony and will carefully select the jurors who will decide your case.

The trial process

If your case goes to trial, each side will outline their argument and formulate a narrative designed to sway the jury. Witnesses will give their testimony and their credibility will be tested. The jury will determine whether or not negligence occurred and what damages should be awarded. However, keep in mind that only around one-third of plaintiffs win medical malpractice lawsuits that make it to trial.

Post-trial outcomes and appeals

After the jury gives their verdict, post-trial motions can be filed to alter or overturn the verdict. Sometimes courts agree and adjust jury awards. If you lose your case, you can also file an appeal, although that can take a year or more to resolve.

If you win your case, after a period of time you’ll start receiving payments from an insurance provider. However, if the other side has filed an appeal, you can expect delays.

The process isn’t simple or easy, but don’t let that stop you

Filing a medical malpractice lawsuit isn’t quick or easy, but it’s the only way to get properly compensated for an injury caused by someone else’s negligence. Expect resistance and delays, but don’t give up the fight.