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If you suffered harm because of negligent medical care, you may wonder what steps come next. Understanding the process of a medical malpractice case in Bala Cynwyd can help you feel more prepared to protect your rights after a serious medical injury. Medical malpractice claims often involve complex medical records, expert testimony, and strict legal requirements, which can make the legal process difficult to manage alone.
Working with an experienced medical malpractice attorney can help you understand your legal path forward. Our legal team at Lowenthal & Abrams can review medical documentation, determine whether negligent parties failed to meet the accepted standard of care, and identify whether the injury qualifies for a medical malpractice claim. Our lawyers can also ensure you meet important deadlines and gather the evidence necessary to support your case.
Initial Investigation in a Medical Negligence Claim
The first step in a medical negligence claim in Bala Cynwyd involves investigating what occurred during the treatment that caused your injury. When you begin this process, our attorneys will carefully review medical records, hospital documentation, and treatment notes to determine whether medical staff failed to follow accepted medical standards.
Pennsylvania law requires additional steps before a medical malpractice lawsuit can move forward. During the investigation stage, our lawyers will also consult medical experts who can evaluate the treatment and identify where the negligent parties made critical mistakes. This early review plays an important role in building the foundation for the case.
Filing and Building a Medical Malpractice Lawsuit
Once our investigation confirms that malpractice occurred, the next step in the medical malpractice lawsuit process in Bala Cynwyd involves formally filing the claim in court. The complaint will outline how the negligent parties caused your injury and explain the damages resulting from the medical mistake.
Under 42 Pennsylvania Consolidated Statutes § 5524, most medical malpractice claims must be filed within two years from the date the injury occurred or from the date the injury was discovered or reasonably should have been discovered. Meeting this deadline is essential because missing the statute of limitations may prevent the case from proceeding. Pennsylvania law also includes a statute of repose that generally prevents medical malpractice lawsuits from being filed more than seven years after the alleged negligent act, regardless of when the injury was discovered.
After the lawsuit is filed, both sides enter the discovery phase. During discovery, attorneys gather additional evidence, request documents, and take depositions from witnesses and medical experts. This stage allows both parties to evaluate the strengths of the case and prepare for potential trial proceedings.
What Happens During Settlement Negotiations or Trial?
Many medical malpractice claims in Bala Cynwyd reach resolution through settlement discussions before a trial occurs. During this stage, attorneys for both sides may review the evidence and negotiate compensation based on the severity of the injury and the damages involved.
If the case does not settle, the claim may proceed to trial. At trial, both sides present evidence, expert testimony, and legal arguments before a judge or jury. The court will then determine whether the negligent parties are responsible for your harm and whether compensation should be awarded.
Because medical malpractice trials often involve technical medical evidence, careful preparation is essential. Our skilled team of attorneys will organize the case strategy, prepare expert witnesses, and present the information clearly and persuasively.
Have Questions About the Medical Malpractice Case Process? Schedule a Free Consultation With Our Bala Cynwyd Lawyers
Understanding the process of a medical malpractice case in Bala Cynwyd can help you make informed decisions after suffering harm caused by negligent medical care. Medical malpractice cases involve strict legal requirements and complex medical evidence, which makes professional legal guidance especially important.
Contact Lowenthal & Abrams today to discuss your situation and learn how legal representation can help you pursue fair compensation for your injuries.
