Litigation Process

There are a number of hurdles which a Plaintiff must clear before recovering any damages. Once a lawsuit has been filed, the Plaintiff must file an expert report within 90 days or post a significant money bond, assuring the Court that there is a legitimate cause of action.

 
During the initial stages of the medical malpractice litigation process, there will be extensive discovery. Discovery is the part of the process where questions are asked, and documents are produced, as part of the investigation by both sides of the lawsuit. 

Next, there will be depositions, in which you will meet with your attorney, the opposing attorney, and a Court reporter will be present. The attorney will ask questions, and answers will be given, under oath.

 
Once the depositions of Plaintiff and Defendant are given, the depositions of both sides’ medical experts will also be given. Following the conclusion of depositions, or potentially before the experts’ depositions are given, both sides of the lawsuit might go to mediation, in which all parties sit down, explain their case before a neutral and impartial mediator and will begin to further negotiate their case. If the mediation and negotiation process fail, then the case will go to trial.

Keep in mind, however, that there are various motions and procedural technicalities that the Defense will use in order to try to defeat your case, and unfortunately, sometimes the Defense does prevail, even when it should not. As such, our firm cannot guarantee any results, and cannot guarantee any results at trial. However, we will guarantee that we will fight for you and will do everything possible, within the legal code of ethics, that we can in order to see that justice prevails in your case.