Charles E. Boyk Law Offices, LLC
If you or a loved one has suffered an injury due to medical malpractice, you may want to file a lawsuit. After filing a lawsuit, the defendants will have an opportunity to file an answer, which is a response to the lawsuit. There will then be a discovery process, which is when depositions are taken.
After the depositions, there is an attempt at mediation to see if the two sides can resolve the cases and, if not, the case will go to trial. A seasoned lawyer who is experienced in Toledo medical malpractice litigation could help you throughout the process. Work with a compassionate medical malpractice attorney that could ensure that your best interests are kept in mind.
When handling a medical malpractice case, lawyers are going to spend a lot of time on the standard of care and figuring out what the departure of the standard of care is. The attorney also spends time learning about the impact of the plaintiff’s injuries. Finding out how the medical professional or hospital departed from the standard of care is why an injured person needs to have a lawyer who is knowledgeable about medical malpractice and can help them pursue medical negligence litigation in Toledo.
The statute of limitations is the time frame following an accident in which a person may file a claim. In Toledo, an individual has one year from the date of the malpractice incident to file a claim. However, a person could potentially file a 180-day letter which pulls the statute of limitations, meaning it extends the statute of limitations for the next six months. Once an individual has filed a lawsuit, they are normally going to either settle the case or have the case tried within two years of filing the lawsuit.
There are numerous factors that can influence the length of a Toledo medical malpractice litigation. One way would be the number of the defendants in the case. Another way could be how many expert witnesses there are. Also, the extent of the plaintiff’s injury and how busy the court is could affect the time it takes to conclude a case.
Usually, a judge will set four or five cases the same day or week and the older cases have priority of order. Also, generally, criminal cases will have priority over personal injury lawsuits. When someone files a lawsuit, they might get their first trial date within a year or 15 months from the filing, but there is a two-year period that the court has to try the case.
Medical malpractice cases are tough and expensive. Only the strongest cases with serious injuries will be filed and, if an individual believes there was medical malpractice, they should contact a lawyer as soon as possible. An attorney experienced in Toledo medical malpractice litigation will need time to evaluate the case and researching the facts.
If you or a loved one has suffered an injury due to the negligence of a medical professional or the hospital, reach out to a skilled lawyer today.