The Three Phases of a Medical Malpractice Claim Investigation

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Clients often come with several questions prepared before their first meeting with their attorneys. One of the most prevalent questions we get asked at Grossman Roth Yaffa Cohen is “what are you going to do to investigate my claim?”

Within a medical malpractice case, there are thousands of tasks performed, but there are three essential phases of these claims that must be worked through:

1. The story

When it comes down to it, a lawsuit is about telling a compelling story.  That story is the foundation of the case and is crucial when constructing the elements of the case that will be presented to the jury.

Understanding what the injured person was like before the alleged malpractice occurred, what occurred that caused the injury, and how that affects the client now must start at the very beginning of the case. By putting the pieces of the story together in a compelling and understandable way at the beginning helps us gather evidence to construct that story for the jury.

2. Analyzing the medical evidence

This phase calls on the attorneys to put together the medical story of the case. This can only be done with a thorough analysis of the medical records.

Once the medical records are reviewed by our in-house team of medical investigators and attorneys, they are sent to an expert who establishes whether there was a breach in the standard of care and whether that breach was the cause of the client’s injuries.

3. The lawsuit

During the lawsuit, there is a discovery period. The discovery period is classified as the pre-trial phase in which the facts of the case are gathered in the form of documentary evidence and testimony of the parties and witnesses.

Once that is completed, depositions of each party’s expert witnesses are taken to memorialize their opinions on standard of care, which will help identify whether the breach of the standard of care caused the injuries alleged.

After that, the case tried in front of a jury for them to determine whether negligence occurred and who is responsible for the plaintiff’s injuries.

With every step taken, each case gets closer to completion and to providing justice for those affected in a medical malpractice case.

If you are reading this because you or somebody you love is seeking representation and needs assistance, Grossman Roth Yaffa Cohen can help. Check out our practice areas page to see what our teams specialize in and fill out the form at the bottom of our home page, or call +1 (888) 296-1681 for a free consultation.