The Discovery Process
The next step is the discovery process. At this point in the lawsuit, both sides disclose their evidence and documents to the other party. Oral evidence is also provided by some parties.
Medical malpractice claims rely heavily on expert evidence. Medical experts provide evidence as to the standard of care in the circumstances, as well as how the substandard care caused your injuries. Wagners’ medical malpractice lawyers have strong relationships with medical experts across the country. Your lawyers will find the experts needed to advance your claim.
Following the discovery process, the parties can agree to the mediation process. This provides a structured way for both parties to discuss and seek resolution. If the parties do not settle the case privately or through mediation then the case may go to trial.
In the event that the case does go to trial, the plaintiff must prove three things to be successful:
1. The Standard of Care
Your lawyer must prove that the defendant had failed to meet both the legal and professional standard of care. The question of negligence largely is dependent on whether the care provided was reasonable in the circumstances.
2. Causation
Your lawyer must prove the negligence caused the injury or harm that you sustained. If your condition would be the same if the medical negligence had not happened, or you’ve suffered no harm because of it, you will not be compensated.
3. Damages
Finally, your lawyer must be able to prove that you suffered losses. Economic losses include medical expenses and lost wages or other lost income (both past and future). Non-economic damages include unnecessary personal pain and suffering.
