Can’t still determine if you can proceed with a medical malpractice case? If you are having apprehensions whether your case falls under this category or not, let me give you an insightful overview of a medical malpractice case and what to expect from the perspective of a Philadelphia lawyer.
What is a Medical Malpractice?
A medical malpractice arises due to the negligence of a health care and medical professional while performing his or her duties and led to the harm or injury to the patient. Medical malpractice can be due to a misdiagnosis, errors committed in a medical procedure, poor aftercare treatment or failure to detect the symptoms of a serious illness.
Who can help if you are a victim of medical malpractice?
A legal representative is an ideal person in authority to contact and seek advice if you are a victim of medical malpractice. When locating a lawyer in Philadelphia for your medical malpractice case, see to it that the lawyer is fully licensed to practice this profession, has relevant experience in handling medical malpractice, specifically in the area of professional liability law.
What to expect during your initial meeting with a medical malpractice lawyer based in Philadelphia?
Your initial one-on-one consultation with your hired lawyer for this malpractice case in Philadelphia would normally start with an extensive interview of your current medical condition as well as the medical treatment availed. During this private meeting the lawyer aims to get enough information on your medical records, medical billing and treatments received where a medical malpractice has occurred. Once the lawyer arrived from a legal standpoint that you have a medical malpractice case, he or she will discuss with the client the next action to undertake.
Things that your hired lawyer will suggest do for your medical malpractice case in Philadelphia:
Get expert opinion from a medical professional
If your hired attorney in Philadelphia ruled out that you have a medical malpractice case, he or she will get the expert opinion of a medical professional. In the event the case will undergo trial, this expert will stand as a witness like a doctor with a similar specialty as the defendant and provide an opinion based on medical records reviewed.
Filing of a lawsuit
A settlement is most unlikely to happen in a medical malpractice case. Your hired legal representative will file the lawsuit, called “Complaint” or “Writ”. The timeline of a medical malpractice case pre-trial may take approximately a year or more (3 years) before it will get to trial.
Submit proof or affidavit
The medical malpractice attorney is must submit an Offer of Proof or Affidavit after the lawsuit is filed. This document guaranteed that there is indeed a case of medical malpractice. Rules on the submission of the affidavit may vary from one state to another and that’s why it an advantage that you hire an attorney who practices in Philadelphia and specializes in medical malpractice.
Discovery process takes place
Upon approval of the judge of the Offer of Proof or Affidavit, the litigation process will take place where the discovery will be performed. Here, both parties the plaintiff and defendant will be represented by their appointed lawyers, documents will be given as evidence including witnesses. The discovery process may take a year or more due to the deadline set by the court. The final decision will only arrive after the judge heard both sides of the arguments.
After the discovery process is the mediation (settlement). Here, both parties with their lawyers will discuss settlement or negotiation in front of a mediator.
In the event, the mediation didn’t succeed the case will be brought to trial. The medical malpractice case trial may take a week or more before the judge will come up with a final decision. There are cases when a trial will be rescheduled due to conflict of schedules of the judge.