Process of a Medical Malpractice Case in Philadelphia

Time commitments and constraints are usually one of the first aspects of a lawsuit that people inquire about when considering whether to sue over medical malpractice, but there is no average amount of time for such cases. Depending on the nature of your injury, the individuals involved in causing it, and other unpredictable factors, a malpractice lawsuit may take anywhere from a few months to several years to resolve.

It can be helpful to understand the basic process of a medical malpractice case in Philadelphia so you know what to expect and can more confidently enforce your rights. There are several major stages that a claim will typically go through, all of which a medical malpractice lawyer from Lowenthal & Abrams can help streamline.

Collecting and Reviewing Evidence

Every personal injury lawsuit is evidence-intensive, but conducting in-depth research and preserving as much documentation as possible about a defendant doctor’s actions and decisions will be especially crucial to success with a malpractice claim.

Furthermore, prospective plaintiffs must obtain a certificate of merit by having at least one qualified medical expert review their evidence and affirm their belief that it shows valid grounds for a lawsuit. This is the first stage of a Philadelphia medical malpractice case.

Filing a Complaint

Legal counsel can provide vital help with drafting a formal medical malpractice complaint and submitting it to the appropriate Philadelphia court in accordance with established procedures. This stage of a lawsuit will also include an opportunity for the named defendant to respond to the allegation(s) against them in the form of a counter-filing with the court.

Discovery and Pre-Trial Negotiations

Discovery is a central part of every medical malpractice claim in Philadelphia, as it entails both parties exchanging evidence to get a clear understanding of the case the other side intends to present. Typically, there will be several rounds of private settlement talks at this stage, aimed at resolving the case without involving the court.

Civil Court Trial

If the parties involved in a Philadelphia medical malpractice lawsuit cannot reach a private agreement for a settlement, the final stage of the process is taking the case to a civil court, where both parties will have the opportunity to present their statements, arguments, and testimony to a judge or jury.

Once a court issues a final verdict on a malpractice claim, the case is permanently closed unless a serious procedural or legal error occurred, in which case an aggrieved party may have grounds to file an appeal against that verdict.

Contact a Philadelphia Attorney To Learn More About the Procedure for Medical Malpractice Claims

This is far from a comprehensive overview of the process of a medical malpractice case in Philadelphia, but it should give you a general idea of what to expect from the experience. If you believe your doctor caused you serious physical harm through professional misconduct, you should discuss your situation with a qualified malpractice attorney.

The team at Lowenthal & Abrams can provide the custom-tailored legal guidance you need to pursue the compensation you deserve. Call today for a free consultation.