A medical malpractice case calls attention to a dispute between a doctor and one of that same doctor’s patients. A certain amount of time must pass before that particular dispute manages to get resolved. Ideally, that resolution provides one of the disputing parties with the opportunity to enjoy a successful conclusion.
Time needed for achievement of successful conclusion
It usually takes between 7 and 12 weeks to achieve that desirable resolution. Roughly 1/3 of the medical practice cases get resolved in that period of time. At least one-half of the cases take longer than that 7to12-week interval. Some come to an end much sooner, but the plaintiff does not manage to obtain the desired compensation.
The length of a medical malpractice case increases when the plaintiff hires a lawyer.
The lawyer uses a portion of that added time to gather all the relevant evidence. That evidence can be mentioned during negotiations, or sent to the malpractice insurance company in a letter. The hired injury lawyer in Richmond Hill also spends time finding and hiring expert witnesses. The ideal witness has been recognized as a specialist in the field of medicine that relates to the issue at the heart of the dispute.
Some lawyers have learned how to negotiate with medical malpractice companies. The negotiating process eats up much of the time that those same lawyers devote to any particular case.
What happens if the negotiations fail to lead to an agreement?
In that situation, the lawyer-client team must make a decision. That team/pair must decide whether or not they want to file a lawsuit. The filing of a lawsuit lengthens the amount of time that must pass before resolution of the doctor-patient dispute.
The filing of a lawsuit does not always result in the scheduling of a trial. Still, it does increase the amount of time that must get devoted to working towards a resolution of the doctor-patient dispute. The need for that increased time reflects the nature of the pre-trial process.
The pair of players that are fighting the defendant must prepare for a face-to-face meeting with that same defendant. That meeting takes place during a discovery session. At the discovery session, the lawyer for the defendant gets a chance to question the plaintiff, the patient that filed the case against the doctor.
Sometimes the negotiations fail to reveal to the defendant’s lawyer the exact nature of the plaintiff’s complaint. More details on that same complaint might come to light during the discovery session. Sometimes those details suggest that the plaintiff has a very strong case. If a defense lawyer realizes that a plaintiff has an especially strong case, then that same attorney might agree to the terms stated in a pre-trial settlement.