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A Timeline for What to Expect in Your Medical Malpractice Lawsuit
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A Timeline for What to Expect in Your Medical Malpractice Lawsuit
7/20/2016
If you believe that you have recently been a victim of medical negligence, you need to protect your rights by consulting with a Jacksonville medical malpractice attorney as soon as possible.

You may be unfamiliar with the specifics in Florida as far as medical malpractice cases but speaking to an attorney sooner rather than later gives you the best possible chance to walk into this scenario as prepared as possible. Medical mistakes are all too common in the U.S. Surgical errors alone happen at least 4,000 times per year.

If you believe that you may have grounds for a medical malpractice case, the first stage is to find the right lawyer. You must find a lawyer to represent your interests.

Remember that the doctor and the hospital or other healthcare facility involved probably has experienced medical malpractice defense attorneys at the ready for these kinds of claims.

Likewise, you need to protect yourself vigorously by hiring an attorney who has experience handling cases like yours before.

Reviewing All of Your Medical Records

The first thing any Florida medical malpractice lawyer will probably do is to review all of your medical records to determine whether or not malpractice occurred.

This means looking carefully at your bills and records from the actual malpractice treatment itself as well as any treatments you have had since that time.

A lawyer will evaluate all these materials to determine if there are appropriate grounds to move forward with a medical malpractice case.

In the event that your case is not appropriate to file in the Florida courts, your attorneys will tell you sooner rather than later, saving you time, energy and frustration.

Working with a Medical Expert

In certain situations, your Florida malpractice attorney may recommend that you hire a medical expert in order to testify on your behalf.

This individual will also evaluate your medical records and will provide an opinion either in deposition or in court regarding the status of any physical injuries you have as a result of the medical malpractice.

In order for your medical malpractice case to go to trial, there is a strong possibility that you will have a medical expert working on your side of the case.

This is typically a physician who practices in the same specialty as the defendant in order to issue an opinion that the defendant was in some way negligent.

It is essential to demonstrate that the other party was negligent in order to receive damages for your injuries.

Also Read : 4 Situations That Call for a Medical Malpractice Attorney

Negotiations and Demands

The majority of personal injury cases including medical malpractice cases are settled before any lawsuits are actually filed.

As soon as the doctor or a healthcare facility catches wind that you intend to file a medical malpractice lawsuit, they may initiate conversations regarding negotiation.

More often and especially in a case where the malpractice case is relatively large, the insurance company will want to wait until the lawsuit has been filed.

They may contact you about settlement negotiations after they have conducted their own pretrial investigation.

Filing the Lawsuit

If you are unable to resolve things with the insurance company beforehand, then your attorney will file a medical malpractice lawsuit. This then initiates the clock for when your case may get to trial.

Bear in mind that you should speak to a malpractice lawyer sooner rather than later because it can take up to one year and a half to three years after the lawsuit is filed for your case to actually get to trial.

Discovery

If your case proceeds, the discovery process is when each side investigates the legal claims as well as the potential defenses. During this time, settlement negotiations may continue and mediation may be offered.

Trial

If you are still not able to resolve things with the other party, your case will then be scheduled for trial. Your official medical malpractice trial can take a while to get on the court's docket but it might last a week or more.

Speak with a Jacksonville Medical Malpractice Attorney

Call a Jacksonville medical malpractice attorney who is experienced with handling these kinds of cases and committed to representing you for the duration of your case is important.

A medical malpractice case can leave you with a broad range of injuries that impact your life for years to come. Do not hesitate to identify the right lawyer to help you.

Think your hospital is at fault in a medical malpractice incident? Read this blog to learn more about your next steps: http://www.jaxlegal.com/2016/07/08/hospital-committed-medical-malpractice/

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