According to the Journal of the American Medical Association (JAMA), the third leading cause of death in the United States is medical negligence behind cancer and heart diseases. Medical malpractice and negligence (iatrogenic causes) are responsible for a staggering 225,000 deaths each year.
If you have been injured because of a doctor’s negligence or medical malpractice, the first and most important thing you can do is contact a personal injury and malpractice attorney at Prestidge Law Firm, P.C. With Oklahoma’s two-year statute of limitations, it’s important to speak to a personal injury attorney as soon as possible. While each medical malpractice case may be different, the following information provides a general overview of what you should expect.
The Discovery Stage of a Medical Malpractice Case
As one of the most important steps in a medical malpractice case, the discovery stage is where your personal injury attorney gathers relevant information. You may have several conversations with your Oklahoma malpractice injury attorney and their legal staff about your medical history and all of the incidents surrounding the malpractice. You may also be required to sign medical authorizations, so your malpractice attorney can legally request and review pertinent medical records.
The Demand Stage of Medical Malpractice Case
After the initial discovery stage is complete, the next step is to notify the at-fault physician’s insurance company. The at-fault party has the option to either fight the case or enter into early mediation. Early mediation is designed to expeditiously resolve the case, especially if the doctor has a lot of risk on their side or if significant liability exists.
This step typically involves creating a demand package, which may include:
- The impact of the injuries
- Any medical treatments required because of the negligence
- An explanation of the negligence
- And several other important facts.
The goal of the package is to present the defense with clear evidence in an attempt to reach a resolution.
The Lawsuit Stage of a Medical Malpractice Case
If a resolution isn’t reached in the demand stage, your Oklahoma personal injury attorney will file a lawsuit. Even when the attorney files the lawsuit, it doesn’t necessarily mean they are moving forward with the case. Your attorney may file the proper court documents to simply preserve the two-year statute of limitations. However, if you are still receiving medical treatments during this time, your attorney may wait to move forward with the proceedings because all of your injuries may not be documented.
The Litigation Stage of a Medical Malpractice Case
After the litigation process starts, the time frame will be strongly based on the specifics of the case. A few factors affecting the timeline are:
- The number of defendants involved
- How many sources of evidence involved
- The amount of documentation involved
- Complexity of your medications
- Any prior treatment history
- And more
It’s vital to disclose as much information as possible in the discovery stage. By doing so, your Oklahoma personal injury lawyer will be able to develop the case as much as possible and narrow the issues. This expedites the process and help your malpractice lawyer focus on the actual disputed issues in your case.
Contact the Experienced Malpractice Attorneys at Prestidge Law Firm
If you believe you’ve been injured because of medical malpractice, choosing the right attorney can be the difference between the success and failure of your claim. The medical malpractice attorneys of Prestidge Law Firm bring more than 30 years of collective legal experience. Our personal injury lawyers have the resources and experience necessary to help you seek compensation for your injury.
Contact the Oklahoma personal injury attorneys at Prestidge Law Firm, P.C. by calling 405-577-7703 or filling out our online contact form.