When an individual files a lawsuit in civil court, one typically seeks monetary relief, known as "damages." A case filed in civil court for medical mistakes is usually based upon medical malpractice. While every state has different procedural rules pertaining to the manner in which a medical malpractice case proceeds, the following provides an overview of how a case is handled in civil court.
Filing a Medical Mistakes Medical Malpractice Case in Civil Court
The initial component of a medial mistakes medical malpractice case is the filing of the complaint in civil court. The complaint consists of a legal document which contains a statement of the allegations against the defendant. Usually, the complaint will list the manner in which the defendant acted, or failed to act, which caused the plaintiff's injury. All medical mistakes will be outlined in the complaint such that the defendant will have notice of the case against them. After the complaint has been properly filed with the court, the court clerk will usually issue a summons. Thereafter, that summons, along with an original complaint will be served upon the defendant.
The Answer and Discovery Phase in a Medical Mistakes Case
After the defendant receives the summons and complaint, the defendant has the opportunity to respond and defendant against the allegations in an "answer." Following the answer, the "discovery" portion of the case will occur. During this phase, each side will obtain facts about the matter. Discovery can include any of the following types of techniques:
- depositions
- requests for production
- written interrogatories
- expert witness review and examination
Trial in a Medical Mistakes Case
Once discovery is completed, a trial will occur in civil court. At trial, both sides have the opportunity to prove their case by presenting evidence and witnesses. Moreover, each side will have the chance to provide expert testimony as to what the alleged mistake was or how the alleged action did not constitute a mistake. Frequently in medical mistake cases, the outcome of the case will turn on the expert testimony. In the case, a judge will preside and there may be a jury to hear the testimony. The judge or jury will decide whether the defendant is liable and if so, the extent of damages to award to the plaintiff.
Getting Legal Help
If one has been injured due to medical mistakes, one should consider consulting with an experienced medical malpractice attorney prior to filing a lawsuit. A skilled attorney will be able to navigate one through the court system and the case, and can help one obtain the compensation one deserves.
