Medical malpractice cases are among the most challenging legal claims. They require patience, thorough investigation, dedication, and expert testimony. We are here to guide you through every step of the process. This is how we handle our medical malpractice cases. Each case is unique, but this will give you a general understanding of the process. Please contact our office if you have any questions.
1. Client Questionnaire
You will be asked to complete a detailed questionnaire about your case. We keep this confidential. This helps us gather the necessary information to evaluate your claim.
2. Investigation Process
We collect hospital records, doctor’s reports, x-rays, and other relevant materials. No lawsuit is filed until we evaluate the case and confirm it has merit.
3. Case Evaluation
We carefully evaluate your claim by consulting retained medical experts. We base our decision to accept or reject a case on the opinions of our retained experts. You will be notified of our recommendations. If further investigation is necessary, we will discuss the next steps.
4. Understanding Malpractice
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, makes a promise they fail to keep, or provides treatment without proper consent. Proving malpractice often requires expert testimony about the nature of treatment and its risks, alternative options, and expected outcomes.
5. Statute of Limitations
In Virginia, malpractice claims must generally be filed within two years of the injury or negligence. Exceptions may apply for minors, incapacitated persons, or ongoing treatment. In a wrongful death case, the claim must be filed two years from the death, even if the death occurred after the negligence.
6. Filing a Lawsuit
A lawsuit is filed only after confirming the claim’s validity. It may take 9-24 months from filing to trial, depending on the court’s schedule.
7. Discovery Process
You will be involved in discovery. There are three main types:
Depositions: Witnesses provide sworn testimony before trial.
Interrogatories: Written questions are exchanged and answered under oath.
Medical Examination: The defense may require you to see a doctor of their choice.
8. Patience Is Key
Case timelines depend on gathering all evidence, including medical records and expert opinions, completion of expert reports, and the attorneys’ and court’s trial schedule.
9. Settlement Attempts
Most cases settle, but malpractice cases are often resolved shortly before trial. Mediation is sometimes an option if both sides agree it will be worthwhile. If a fair settlement isn’t possible, we will prepare thoroughly for trial.
10. Fees and Costs
We advance necessary costs (e.g., expert fees, filing fees, depositions). Initial costs for expert reviews and records retrieval typically range from $2,000 to $4,000. Final costs may be $50,000 or more. You are responsible for reimbursing these costs from any settlement or judgment.
11. Trial Process
Trials involve jury selection, opening statements, presentation of evidence and witnesses, closing arguments, jury deliberation, and verdict. The losing side may appeal.
12. Challenges in Malpractice Cases
These cases are complex, requiring expert medical testimony to prove negligence and causation. Doctors and hospitals often have significant legal resources (i.e., their insurance company has a lot of money and pays their lawyers). Proving a breach of the standard of care is rarely straightforward.
13. Keeping You Informed
You will receive copies of all correspondence and updates about your case. If you have questions, feel free to contact us at any time.
14. Settlement Amounts
We cannot predict how much compensation you might receive until we complete our investigation. Our goal is to secure fair and just compensation for your injuries.
15. Tax Consequences
Consult an accountant regarding any tax implications related to settlements or judgments.
Contact us if you have any questions or need further clarification.