1-866-920-4242
Call us anytime
info@neinstein.com
Drop us a line anytime!
1200 Bay Street Suite 700
Toronto, Ontario, Canada, M5R 2A5

Should You Pursue A Medical Malpractice Lawsuit?

Home - Medical Malpractice - Should You Pursue A Medical Malpractice Lawsuit?

Should You Pursue A Medical Malpractice Lawsuit?

Pursuing a medical malpractice claim is not an easy feat. Many things need to be considered, such as medical and legal expenses, which could put troubled families into a downward financial spiral. Medical malpractice lawsuit cases usually take some time to be settled. They could take months or even years, depending on the factors surrounding the incident.

How long will medical malpractice lawsuit cases take?

Medical-Malpractice-Law

The time it takes to complete a medical malpractice lawsuit depends on the complexity of the case. The majority of medical malpractice cases are settled out of court, but both parties still need to file motions and go through the court process. To make the process less stressful and painful, it is a must to hire a personal injury lawyer specializing in medical malpractice law.

A medical malpractice lawyer will thoroughly work on your case and make sure you get fair and just settlement amount the soonest time possible. Most of the time, a medical malpractice case is settled faster but for an amount lesser than what the victim supposed to get. Those that end up in a court trial receive higher payouts, but it would take some time.

How does a medical malpractice lawsuit work?

The process begins with a complaint. There should be pieces of evidence showing that the patient suffers from injury or illness as a result of the doctor or healthcare worker’s negligence or wrongdoing. A process of discovery begins – both sides request for information, evidence, and other pertinent documents. An expert medical witness has to be consulted to look at the merit of the case.

The expert medical witness should be a neutral third party who will be called upon by both sides to look at the details of the case. The role of a third party medical witness is to establish that there is medical negligence. The lawsuit is most likely to dismiss if the expert medical witness finds that the medically accepted standard of care was not breached. The trial will push through if the expert medical witness has agreed that negligence likely occurred. If the merit of the case is established, then the defense will begin its attempt to settle the case out of court.

Should you pursue a medical malpractice lawsuit?

If there is merit to your case, then, by all means, you have to pursue the case. You have to make sure you have the best legal representation so that your best interest is well-taken care of. The defense lawyer representing the other party will do the best he can to minimize the settlement amount. If you don’t have a lawyer by your side, you would most likely end up accepting any amount that the other party will offer. However, if you have the best lawyer working on your case, you will surely not settle to anything less than what you deserve. Hiring the service of a lawyer specializing in medical malpractice law is the first step to pursuing a medical malpractice lawsuit.