Follow John Linkedin Twitter Facebook
Email John Email
Legal Issues
Sep 1, 2016

The Anatomy Of A Medical Malpractice Lawsuit

Sponsored Content provided by John Martin - Professional Liability and Medical Malpractice Defense Attorney, CSH Law

When medical provider clients are faced with a lawsuit, they frequently ask about the general litigation process and how long that process will take. What follows is a brief review of the litigation process in a medical malpractice lawsuit in state and federal courts.

Complaint
Litigation formally starts when a complaint is filed in court. In N.C. medical malpractice lawsuits, the complaint must state that an expert has reviewed the facts of the case and has an opinion that the health care provider has violated the standard of care.

Answer
Once a complaint has been filed and served, a defendant will have about 30 days to file an answer. A defendant can request an extension of time, perhaps to secure legal representation or to conduct a preliminary investigation of the facts. 

Expert reviews
Defense counsel will contact various experts to review the matter in order to determine whether the facts alleged have any merit. These experts may offer opinions or raise additional questions that might be integral to the defense of the lawsuit.

Discovery
The parties then spend anywhere from six months to more than a year learning more about the opposing party’s case. The parties will exchange written questions, request materials relevant to the case and take depositions of witnesses. Health care providers may participate in depositions by answering questions under oath. The testimony will be reduced to writing for later use, either at trial or in other discovery.

Mediation
In mediation, a neutral person - often a retired judge or a highly experienced attorney - will try to work with the parties to reach a mutually acceptable settlement. The mediator cannot order a settlement and the parties are not obligated to follow the mediator’s recommendations. Mediators are paid by the parties but the cost is a small fraction of the cost of litigating the case through trial. Mediation may last for just one day.

Trial preparation
If mediation is unsuccessful, defense counsel will prepare for trial. Counsel will gather exhibits for trial such as medical records, medical illustrations and videos and medical literature. Counsel will prepare witnesses for trial. In large cases, counsel may test the case with focus groups or conduct mock trials to test theories.

Resolve the lawsuit in one of four ways:

  • Voluntary dismissal - Sometimes a plaintiff will voluntarily dismiss the case before trial.
  • Dismissal by the court - Sometimes a court will grant summary judgment or other dismissal when the facts or law show there is no chance of success, even if the case proceeded all the way to a jury’s determination.
  • Settlement - Settlement can happen at any point in litigation. Where litigation can be uncertain, settlement can eliminate that risk of uncertainty.
  • Trial - At trial, attorneys will argue motions to admit or exclude evidence. Counsel will select a jury, make opening statements and ask questions to witnesses. When all of the evidence is complete, counsel will make closing statements and a jury will consider the merits of the case.
  • Appeal - After a jury renders a unanimous verdict in favor of one party, the other party may ask a different court to review the trial in an appeal. The appeal process could last over a year.
In all, while medical malpractice clients cannot expect any guaranteed victory in litigation, knowing the process and the time involved will help prepare them for the process ahead.

John D. Martin is a trial lawyer and the managing partner of the Cranfill Sumner & Hartzog LLP’s Wilmington, North Carolina office. Martin concentrates his practice in the medical malpractice and professional liability defense practice groups. He has tried numerous medical malpractice and personal injury cases throughout eastern North Carolina. Many of his cases involve brain injury, birth trauma, paraplegia and wrongful death. Additionally, Martin has experience with large construction litigation, premises liability and hospital/workplace security. To contact Martin, call (910) 777-6018 or email him at [email protected]  
 

Wbj insights revised 0510 6291692911
Ico insights

INSIGHTS

SPONSORS' CONTENT
Kellyerola headshot lcflc

Hospice Care in Nursing Homes Provides Needed Specialized Care

Kelly Erola - Lower Cape Fear LifeCare
Jessiepowellheadshot webversion

5 Reasons to Build Custom Franchise Software

Jessie Powell - Wide Open Tech
Dave sweyer 300 x 300

Allowing Pets at Your Rental Property: Why It's a Good Choice

Dave Sweyer - Sweyer Property Management

Trending News

Galleria Property On Wrightsville Ave. Sold For $37.5M

Cece Nunn - Aug 10, 2022

Leland Town Center Lands New Tenant; Lowe’s Begins Construction

Johanna F. Still - Aug 10, 2022

Pipeline Poke Headed To Autumn Hall

Elizabeth White - Aug 10, 2022

Rachael Ray, Emeril Lagasse To Appear At GLOW Event

Justin Williams Pope - Aug 10, 2022

New Biz Creations In Cape Fear Region Continue Strong Trend

Johanna F. Still - Aug 9, 2022

In The Current Issue

Beach Equipment Rentals Sizzle

For some beachgoers, their perfect day is lazing on the shore, soaking up rays. For others, it’s water sports or maybe biking alongside the...


Film On Rebound; New Horse Enters Race

New soundstages in Wilmington are set to be constructed toward the end of the year – marking activity that appears hasn’t happened since the...


Commercial Tenants Navigate Rent Spikes

One of the realities small businesses throughout the area face when trying to find commercial space, which also include increasing rents and...

Book On Business

The 2022 WilmingtonBiz: Book on Business is an annual publication showcasing the Wilmington region as a center of business.

Order Your Copy Today!


Galleries

Videos

Trying to Grow a Business?
2020 Health Care Heroes
2020 WilmingtonBiz 100