If you believe you have fallen victim to a malpractice lawsuit, then you must have already experienced income loss, psychological damages, physical damages, and health issues prior to filing the claim. This is why it is very normal to ask lawyers how long malpractice suits against doctors in indiana pan out. Malpractice cases usually take anywhere from months to years to process, depending on the complexity of your case. Below is the usual process of malpractice lawsuits.
Examination
After your initial consultation with your chosen malpractice lawyer, he or she will then examine your medical records. This is always the initial step in malpractice suits against doctors in Indiana. Here, your lawyer will assess your records, medical history, bills, and any other document pertaining to injuries related to your case. You may also choose to submit proof of loss of income. In some states, a certificate of merit from a medical professional may be needed to certify your documents. This will ascertain the value of your documents during the settlement or trial. This can last for a few months.
Filing the Writ
The Writ or Complaint will be filed by your malpractice lawyer. This signifies the official beginning of your lawsuit. From here, it can take between one to three years for your case to actually go on trial.
Discovery
This process is actually what takes the longest. Discovery begins after both parties have been made aware of the lawsuit. During discovery, each party can request and exchange information and proof to gather facts about the case and to strengthen their respective cases. Expert medical witnesses can also be called to consult or advice. Both parties will give their depositions. Because of the throwing back and forth of requests for more data, the discovery phase of malpractice suits against doctors in India can last for about a year.
Settlement negotiations
Once discovery is closed, parties may reach an agreement to settle the case. While defendants will try to negotiate for as low a value as possible during settlement, sometimes it works to the complainant’s favor too. If the case is strong, the settlement can be high because the defendant would try to dodge the expenses of going to trial. If the case is a bit weak or will fetch a low compensation after the trial, both parties may push for a settlement instead so that the aggrieved party can be fairly compensated for the damages.
Trial
If no settlement was reached, the case will then be brought to trial. Medical experts will be asked to testify. Both parties will also be asked to testify in court. This can be tedious and even stressful for the complainant but with the right counsel and a strong case, going to trial can be worth it. The defendant can also negotiate for a settlement anytime during the trial. You will need a malpractice lawyer to represent you to make sure that you are fairly compensated either after the trial or after a good settlement.
For malpractice suits against doctors in indiana, you need the best lawyer to guide you every step of the way. Consult one of our malpractice experts at Montross Miller today.