What to Expect: Medical Malpractice Process

The Medical Malpractice Process

Phase 1: Initial Consultation

• Free case review
• Explain what happened
• Identify potential negligence
• Assess viability

Phase 2: Investigation (Months 1-6)

• Obtain medical records
• Review by attorney
• Consult medical experts
• Determine if standard of care was breached
• Document damages

Phase 3: Pre-Suit Requirements

Most states require:

• Affidavit of merit from medical expert
• Notice of intent to file
• Pre-suit waiting period
• Mediation in some states

Phase 4: Filing the Lawsuit

• File complaint in court
• Serve defendants
• Defendants respond
• Litigation begins

Phase 5: Discovery (Months 6-18)

• Document requests
• Interrogatories
• Depositions
• Expert witness exchanges
• Independent medical exams

Phase 6: Settlement Negotiations

• Mediation
• Pre-trial conferences
• Settlement discussions
• Most cases settle

Phase 7: Trial (If Necessary)

• Jury selection
• Opening statements
• Plaintiff's case (medical experts crucial)
• Defense's case
• Closing arguments
• Jury verdict

Phase 8: Post-Trial

• Possible appeals
• Collection of judgment
• Distribution of funds

Typical Timeline

Stage	Duration
Investigation	3-6 months
Pre-suit	1-3 months
Discovery	6-18 months
Settlement	12-24 months
Trial (if needed)	24-36 months
Total typical	2-4 years

What Makes Medical Malpractice Different

• Highly technical — Requires medical experts
• Expensive to pursue — Expert costs are significant
• Defendant-friendly — Insurance companies fight hard
• Evidence is complex — Medical records are critical
• Emotional — Patients often feel betrayed
• Long-running — Cases take years

How to Help Your Case

• Cooperate with your attorney
• Provide all medical history
• Continue medical treatment
• Document daily impact
• Keep all bills and records
• Don't discuss the case publicly
• Be honest about your medical history
• Be patient — These cases take time
• Trust your legal team