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What steps are involved in pursuing a medical malpractice claim? Typically, the first step in pursuing a medical malpractice claim occurs when you suspect that you or someone you know is the victim of medical malpractice. Although not every bad medical result is due to medical malpractice, if you suspect or have a feeling that something was wrong with the medical services, you should consult a qualified attorney. The attorney will review your case to determine whether the conduct on the part of the health provider(s), and the type of injury your child and you suffered as a result of the treatment provided during pregnancy and labor, rise to the level of a medical malpractice claim. This process can at times be lengthy since it may require review of medical records, and consultation with physicians and other health care professionals to assist in determining whether the actions of your health care providers fell below accepted medical standards. If the facts of the case support a medical malpractice case, it may be appropriate to file the claim in court and commence the lawsuit. This is due to the fact that medical malpractice claims rarely settle unless filed in court, and even then, many of the claims that are filed in court go to trial. Once the case is filed in court, there are a number of steps that typically take place in order for both sides to properly develop the merits of their case. These steps include the exchange of documents and of answers to written questions, and depositions. Your child may also be required to undergo further physical examinations and testing. Once these and other steps are completed, the case is assigned a trial date by the court. All cases should be prepared as though the case will need to go to trial. Then, if the case does not settle, you and your attorney will be in the best position possible to try the case. 
Law Office of Joseph A. Hernandez, P.C. Thank you for visiting the Law Office of Joseph A. Hernandez. The material located on our law firm's web site is intended to be a resource for present and prospective clients for informational purposes only and is not intended to be legal (or medical) advice. This web site is not an offer to represent you. The act of sending electronic mail to our firm or to Attorney Hernandez does not create an attorney-client relationship and does not obligate the Law Office of Joseph A. Hernandez or Mr. Hernandez to respond to your email or to represent you. No attorney-client relationship will be formed unless you enter into a signed agreement of representation with the Law Office of Joseph A. Hernandez. You should not act, or refrain from acting, based upon any information at this web site without seeking professional legal counsel. Under the rules of the Supreme Judicial Court of Massachusetts and other rules, this material may be considered advertising. Licensed to practice law in the State of Massachusetts. This website does not represent other licenses, or certifications of specialization or expertise that may be available in certain states. |