A Thorough Investigation
A Thorough Investigation
When you approach an attorney to file a medical malpractice case, the first thing he will do is carry out an extensive investigation to find out whether you have a valid basis for a case. The lawyer will obtain all of your medical records, he will review them, and he will hire an expert to review them as well. Once the medical expert confirms that there was wrongdoing, the wrongdoing caused the injuries, and the injuries are significant, then only your attorney will be able to file a medical malpractice lawsuit in New York.
Summons and Complaint
After attaining confirmation from the medical expert, your lawyer will prepare a set of papers called a summons and a complaint. This will contain the allegations you are making against the people you are suing, which could be doctors, health care providers, or a hospital. After these papers have been filed, your medical malpractice case has technically started.
The summons and complaint papers then have to be served on the doctor or hospital in order to elicit a response. Once the doctor receives these papers, he will send them to his attorney, who will reply to the allegations you have made. This is referred to as, "issue has been joined".
Scheduling Conference and Depositions
Next, the court will be notified about the parties in the case, and there will be a scheduling conference. At a scheduling conference, in New York state courts, both attorneys will appear and set up a schedule to when things are going to place in the particular case. Importantly, first there will be the discovery schedule. Discovery phase is meant for facilitating exchange of documents that each side is supposed to and obligated to exchange. Additionally, the date for your deposition and the date for the deposition of the doctor will be scheduled.
A deposition is a question and answer session, held under oath at an attorney's office, where the witness will be questioned by the attorney of the opposing side. Typically, this session will take many hours or even a few days. The questions asked will be typically about your claim, your injuries, and other facts about your case. Before you attend the deposition, your attorney will prepare you for this session, and express to you what type of questions you can expect.
At the deposition, both attorneys will be present, and a court reporter who will be recording all that is going on and certainly what is said. After your deposition is completed, you will obtain a transcript in the mail of all the questions and answers you had given at the deposition. You need to go through it, to make sure it is accurate. After that, the deposition of the doctor will be held, and you can attend this session if you want to.
After the depositions is completed, the next stage will be to put your case on the trial calendar. Before the trial date is set, you might have to undergo an examination by a doctor that is appointed by the defense, so that they can determine what your medical condition is.