Victims of medical negligence face problems that are directly associated with their finances. Lost income and medical costs related to medical negligence can create extra hurdles for the victim’s family. The time taken to solve a medical malpractice issue can vary as per the complexity of the problem and the court’s jurisdiction capacity. However, the Miami Medical Malpractice Attorneys work to ensure a proper balance of the time frame required to compensate while ensuring the victim has received a reasonable amount.
However, it’s difficult to predict the exact timeline due to the absence of a designated point that can decide the occurrence of a medical negligence settlement.
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Processes involved in a medical malpractice lawsuit
These processes will familiarize the client with the general procedures involved in a medical malpractice case:
- Examination of medical records: On consulting a malpractice attorney, the attorney is more likely to spend his/her time investigating the medical prescriptions and documents. Besides, an attorney is responsible for investigating your medical bills and history or something associated with your condition and injuries.
- Filing of a lawsuit: Also called a writ or complaint, the Miami Medical Malpractice Attorneys will file a lawsuit. At this time, your lawsuit will officially commence. Varying as per the bandwidth of a court’s system, it can take almost one to three years for the case to enter a trial.
- Discovery: After the involved parties receive a notification related to the lawsuit, the process of discovery begins. At this stage, the parties must request information, evidence, and related documents from the third party. These documents are vital for gathering facts and establishment cases. Here, the parties can bring in any witnesses or give depositions. Besides, this is the stage where medical professionals or witnesses are required to consult and advise upon the case’s merit. The process of discovery can consume up to one year or more. It can involve steps like visiting the court repetitively for filing motions related to further inquiries.
- Negotiating a settlement: During the discovery process, the claimant’s medical negligence claim’s strength can become apparent to the other party. This can allow the defense to settle the case out of the court. In the context of negotiation, the defendant’s lawyer will put their utmost effort to reduce the number of funds their client has to pay.
- Trial: Again, a medical negligence trial can last up to months or years, as per the varying complexities of the case. Besides, it can vary as per the court’s backlog schedule.
Factors that affect the timeline of a medical malpractice settlement
Generally, a complicated medical malpractice case will take a long time to settle. Factors that can fuel the complication of issues are as follows:
- Novel or complicated medical procedures or injuries
- Novel or complex legal issues
- Presence of No. of witnesses. For example, a large no of witnesses can make the case more complicated and vice-versa.
- Presence of multiple health care professionals or providers. Besides, the complexity can aggravate if all the professionals are involved in the case of medical malpractice.