Even though every lawyer has different lawsuit specialties, the types of injuries and specifics of every case will vary widely. What will remain consistent across all types of lawsuits, however, is the lawsuit process. The 10 steps in a medical malpractice lawsuit can end up taking many years to complete, which is why it’s so important to be informed and prepared when going into it. Here at Olsen Law Firm, we are dedicated to making sure that you get the compensation that you deserve, which is why we want to make sure that you are informed about the following stages of a medical malpractice lawsuit.
- Initial Consultation- In your initial consultation with your trusted Boston medical malpractice lawyer, you’ll have a chance to ask questions and provide information regarding your case. We may ask you about the details of the care that caused the injury and the reasons that you think medical malpractice may be involved. We will also double-check the timing of the case to make sure the statute of limitations has not run out.
- Step 2: Gather Records- Once the case is ready to move forward, you will be asked to sign a retainer and a contingency fee agreement describing what the law firm’s fees and expenses will consist of in the case that your case is won. You also will be asked for permission to access your medical records. Even with your authorization, however, it may take up to a year to get these records.
- In-House Investigation- Here at Olsen Law Firm we search for violations of standards of care and how they relate to your injury with the assistance of our in-house medical team. We will also identify all potential defendants and consider possible obstacles we may run into. The investigation will reveal whether or not your case should be taken to court.
- Choosing The Witnesses- The next step in this process is to line up expert witnesses in the medical field in order to support your case. These witnesses will be given detailed information as well as case records in order to prepare their expert opinions
- Pre-Trial Phase- Following the investigation and witness selection, the lawsuit moves into the pre-trial phase. This phase is able to go for over 18 months, and we will continue to compile evidence, take your deposition and the defendants’, and resolve any legal issues and motions that come up.
- Settlement Negotiations- Throughout the pre-trial phase, one side can approach the other with a settlement offer, and it is fine to reject a settlement offer if it is not fair or reasonable. Your lawyer should be able to handle the negotiations of the settlement.
- Trial- If no settlement is reached, then the case will go to trial. Trials are mostly done with a jury but some, such as those involving federal employees, are heard by a judge alone. Medical malpractice trials typically last one to four weeks.
- Jury Deliberations and Verdict- After both sides rest their cases, the jury will deliberate over the case in order to reach a verdict. If they do, then the verdict is read in open court along with the award amount. However, if the jury cannot reach a decision, then a mistrial will be declared.
- Post-Trial Motions and Appeals- The losing party has the right to appeal the jury’s decision, and either side may attempt to persuade the judge to make an adjustment or get a new trial
- Finalization- If your case is settled, you will sign an agreement in order to release the defendant from future liability. This means you are unable to pursue more money from the defendants if your condition worsens. However, if things look up, then you are not required to return a portion of your award.
Call Olsen Law Firm today for your initial consultation!