Medical malpractice Litigation Steps

Do you think you have been the victim of medical malpractice? Did you have surgery that resulted in serious health complications? Did a medical treatment backfire? If you have questions of any kind concerning your health status or that of a loved one, you should get a second medical opinion and consult a medical malpractice attorney for guidance. The Johnson Flora legal counsel members offer these suggestions to help you understand what to expect if you want to file a medical malpractice lawsuit in Seattle.

• Seek another medical opinion. Collect medical documentation.
• Meet with an attorney with a strong medical background, in-depth trial court experience, character and trust. Ask for references, win/loss data, settlement statistics, contingency fee options.
• Establish negligence.
• A duty is owed. The hospital or healthcare provider has a legal duty to provide correct care.
• A duty is breached. The provider did not meet the usual standard of care.
• The breach causes an injury. The healthcare provider, as the proximate cause of the injury or illness, breaches its duty.
• Damages occur. If there are no damages, there is no claim.
• File a civil suit within the correct jurisdiction and observe the proper statute of limitations. Statutes of limitations vary within states between one and four years.
• Locate expert witnesses.
• Begin the discovery process.
• Parties exchange interrogatories, requests for documents, and depositions.
• Consider pre-trial settlement if offered.
• Trial begins before either a judge or jury.
• Plaintiff must prove all of the elements of negligence by a preponderance (51 percent) of the evidence.
• Verdicts, judgments of the court, appeals may follow.

Count on Johnson Flora

The Seattle medical malpractice litigation attorneys at Johnson Flora have decades of experience in handling cases against healthcare workers and providers. Filing a medical malpractice suit can be an arduous, complex, and exhausting process. Whether you are a potential client, or an attorney seeking a consultation, we will be happy to speak with you. Please call our office or use our contact form if we can help. Our phone number in Seattle is 206.388.2456.