Atlanta Medical Malpractice Litigation

Medical Malpractice Lawsuits in Atlanta

Litigation is the act of filing a lawsuit again a person or entity (group, company, etc.) for a wrongdoing. The plaintiff is the person filing the lawsuit. The defendant is the person or entity the suit was filed against. At The Cochran Firm Atlanta, we represent individuals who have been victims of medical malpractice in Atlanta, Georgia as well as family members who have lost a loved one in a wrongful death due to medical malpractice.

Some types of lawsuits may actually be settled outside of court. Most lawsuits that go to court are the result of negotiations without a satisfactory result for both parties.

1. A Georgia medical malpractice lawsuit is filed

The plaintiff files a complaint with the court usually with the help of a lawyer that has been hired to act as a legal representative. Typically the lawsuit is filed in the same county as the defendant’s address.

2. Defendant is served

The court will send a summons to the defendant with a copy of the lawsuit filed by the plaintiff.

3. Defendant is Allowed to Respond

The defendant is given time to respond to the summons and lawsuit. In some cases, negotiations will occur. If a settlement is cannot be reached, the case will go to trial. Otherwise, the defendant will use time between receiving the summons and court date to build a case in defense of the lawsuit.

4. The Discovery Process

During the discovery process, lawyers from both sides of the lawsuit share information. A formal written request is drawn and delivered to the opposing party. In some cases the information shared may be physical evidence, documents, test results and so on. Additionally, each lawyer can interview the opposing party’s witnesses in a formal proceeding called a deposition. A deposition is recorded by a court reporter and the witnesses are under oath to tell the truth.

5. Pre-trial Motions

Once the discovery portion is complete lawyers can file any motions, if necessary. Motions are filed to clarify any procedures, withhold evidence or to dismiss the case. All of the motions are based upon information gathered during the discovery process. The lawyers for both parties can argue their case for the motion. A judge will then grant or dismiss the motion based upon the arguments made by the attorneys.

6. Trial

If the suit has not been dismissed the trial may proceed. The trial will be held either in front of a judge or a jury. If a jury hears the case the lawyers will interview the potential jurors and then select the members of the jury. This is known as the jury selection process.

Once the trial begins, the lawyer for the plaintiff will work to prove their case. The evidence from the discovery process will be presented. Witnesses are interviewed and then cross-examined by the opposing attorney. After the plaintiff is done presenting their case, the defendants will then argue to disprove the plaintiff’s suit. Closing arguments are then presented by each attorney. The closing arguments are a summary of what each side was trying to prove or disprove.

The verdict will then be decided by the judge or the jury. The losing party has the right to appeal the case, typically in a higher court. An appeal can lengthen the litigation process by a year or more.

If you need a medical malpractice attorney in Atlanta, Georgia help is at available at The Cochran Firm Atlanta. Contact us at toll-free 866.549.0562 or feel free to complete our quick contact web form.

If you are facing a legal issue and need help, please contact us. There is no fee or obligation for the first consultation.