Medical malpractice cases are complex, requiring a unique blend of legal expertise, medical knowledge, and empathy for the client’s experience. At Salenger, Sack, Kimmel & Bavaro, our commitment to justice for those harmed by medical negligence drives us to pursue these challenging cases. However, determining whether a case has merit and choosing the best path forward is a thorough and rigorous process. Here, we’ll walk you through how we evaluate potential medical malpractice cases, from the initial review to achieving a settlement or taking a case to trial.
The first step in any medical malpractice case is understanding what the client has endured. We listen closely as clients describe their medical history, treatment details, and the ways in which they believe negligence has harmed them. This initial consultation allows us to gather crucial facts and begin assessing whether there may be a case for malpractice.
Once we decide that the basic elements of a claim might be present, we often enlist the help of different medical professionals at this stage. This step is crucial, as these records serve as the foundation for understanding what occurred medically and how it may have deviated from accepted standards. Analyzing these documents takes a keen eye, as medical records can contain intricate details that reveal critical insights about potential lapses in care.
This critical step in every medical malpractice claim allows us to learn how the medical provider deviated from standard and acceptable care. This information helps us develop a theory of the case and create a strategy going forward.
After gathering and reviewing all relevant information, we assess the viability of the case. Medical malpractice claims are complex and can be costly to pursue due to the necessity of medical expert opinions, depositions, and other investigative needs. For a case to be viable, we need to be confident that there is a clear link between the provider’s negligence and the harm suffered by the client. This element is often the most challenging aspect, as we must prove not only that there was a deviation from the standard of care but that this deviation directly caused the injury.
If we decide to move forward, we file the lawsuit on behalf of the client. This initiates the formal legal process and allows us to engage in discovery. Discovery is the phase where both sides exchange information relevant to the case, including documents, witness lists, and depositions. During this phase, we meticulously gather and scrutinize evidence to build a robust case. We conduct depositions of healthcare providers, witnesses, and other relevant individuals to uncover the facts surrounding the client’s care.
Settlement negotiations require careful strategy, as we must present a strong case and demonstrate that we are fully prepared to proceed to trial if necessary. By showcasing the strength of our evidence and expert testimonies, we often reach a favorable settlement that meets the client’s needs.
Preparing for a medical malpractice trial is an intensive process. We craft a compelling case that includes expert witness testimonies, cross-examinations, and evidence presentations to show the jury the full impact of the medical negligence on the client’s life. Our goal at trial is to clearly demonstrate that the healthcare provider breached their duty of care, directly causing harm to our client. Part of the process of preparing for the trial is to read relevant documents published by the medical professionals and experts.
At trial, we present our case with the goal of obtaining a favorable verdict. Every detail matters as we advocate for the client’s right to compensation. A successful outcome provides our client with the justice they deserve and sends a message to the medical community about the importance of accountability. Preparing thoroughly for trial empowers us to negotiate effectively and secure the best outcomes for our clients.
Each step in the medical malpractice process requires dedication, precision, and a deep understanding of both medicine and law. At Salenger, Sack, Kimmel & Bavaro, we’re committed to walking with our clients through this journey, standing by their side from the initial consultation to settlement or trial. Pursuing a medical malpractice case can be a difficult journey, but we are here to provide the expertise and compassion needed to achieve justice.
Joe Bavaro has dedicated his career to representing victims of medical malpractice. As a senior partner at Salenger, Sack, Kimmel & Bavaro, he is passionate about helping clients navigate complex medical negligence cases and holding healthcare providers accountable.