Irvine Medical Malpractice Case Process

Irvine is unique in terms of medical malpractice claims because of the nature of the population in Orange County and the abundance of healthcare practitioners in this region. These factors affect the ability to successfully pursue a medical malpractice case, as does the tendency for juries to be somewhat conservative in their analysis of particular medical malpractice cases. In this regard, it is exceedingly important for the medical malpractice victim to retain an experienced Irvine medical malpractice lawyer to review their case and ensure that all the guidelines are properly met.

First Steps to Take

Whenever a potential client believes that a healthcare provider has committed medical malpractice, the first thing they should do is collect the relevant medical records and itemize the facts of the treatment which caused them to believe that negligence by healthcare practitioner has occurred.

This information, and the medical records, will then need to be given to an experienced lawyer so they may review the facts and determine whether the alleged medical negligent conduct actually caused or was responsible for further medical injuries.  The investigation and analysis of a potential medical malpractice case can be very detailed and complicated and as such requires the lawyer to review the medical records and facts of the case, and be able to discuss the matter with an appropriate medical expert.

Evidence in Malpractice Cases

The evidence in medical malpractice cases will include the medical records of the doctor or healthcare practitioner who are being sued, as well as their testimony, and potentially the testimony of nurses or staff in their respective office or in the hospital or clinic where the treatment took place.

Many times these cases go to litigation where multiple depositions are taken, including the doctor, nurse, and the patient and their family. Depending upon the nature and extent of the injuries, or especially if a death has occurred, it is likely that the case will go through the litigation process and potentially not be settled unless the matter proceeds to a mediation, arbitration, or trial.

Mistakes to Avoid

It is exceedingly important to contact a medical malpractice attorney as soon as possible after the prospective client believes that they, or a family member, are a victim of medical malpractice in Irvine. Although each case is unique, generally speaking, the statute of limitations’ deadline to file a complaint in a medical malpractice case is one year from the date of the negligent medical treatment.

Since this is a relatively short time period when compared to other personal injury matters that generally have a two-year statute of limitations deadline, it is important to collect medical records and contact an attorney immediately. The process of analyzing and reviewing a complicated medical malpractice matter can take some time, especially when an expert witness position has to review voluminous medical records in order to reach an opinion about whether or not medical malpractice has occurred. As such, it is very important to give the attorney a sufficient amount of time to have the matter reviewed.