Jane Lamberti Sams Medical Malpractice Law Blog on Lawyers.com

Litigation is the act of filing a lawsuit against 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.  Although there are different types of lawsuits, malpractice litigation in Atlanta generally follows the same process.

1.   An Atlanta medical malpractice lawsuit is filed

      The plaintiff files a complaint with the court, usually with the help of a lawyer, and usually in the same county as the defendant’s address.

2.   Defendant is served

      The court sends the defendant a summons and copy of the lawsuit filed by the plaintiff.

3.   Defendant responds

      The defendant is given time to respond to the summons.  Negotiations may begin.  If a settlement cannot be reached, the medical malpractice suit in Atlanta will go to trial. 

4.   The Discovery Process

      During discovery, lawyers from both sides share information.  In a typical Atlanta medical malpractice case, the shared information includes physical evidence, documents, test results and so on.  Each lawyer can interview the opposing party’s witnesses in a formal proceeding called a deposition. An Atlanta malpractice case deposition is recorded by a court reporter and the witnesses are under oath to tell the truth.

5.   Pre-trial Motions

      Motions are filed to clarify procedures, withhold evidence or dismiss the case.  Lawyers for both parties in the malpractice lawsuit in Atlanta argue their motions, and a judge decides the outcome.

6.   Trial

      If the case has not been dismissed, the trial may proceed.  Malpractice litigation in Atlanta is held either in front of a judge or a jury.  If a jury hears the case, the lawyers will interview the potential jurors and select members of the jury.

      Once the trial begins, the lawyer for the plaintiff presents his version of the Atlanta malpractice case first.  Evidence is presented.  Witnesses are interviewed and cross-examined.  After the plaintiff is done, the defendant’s lawyer argues to disprove the plaintiff’s suit.  Expert witnesses are called to support each side’s position.  The attorneys then present closing arguments that summarize their positions in the Atlanta medical malpractice claim.  A judge or jury decides the verdict.  The losing party has the right to appeal in a higher court.   An appeal can lengthen the process of malpractice litigation in Atlanta by a year or more.

At any point, the parties could reach a settlement agreement in the case.  More than 90 percent of all malpractice lawsuits in Atlanta settle out of court.  On average, Atlanta medical malpractice settlements are just over $425,000, while an average jury award is more than $1 million.

Experienced medical malpractice attorneys in Atlanta are your best resource to assess the merits of your malpractice case.  If you believe you are a victim of malpractice, contact The Cochran Firm Atlanta to talk to a qualified lawyer as soon as possible. Call Cochran, Cherry, Givens, Smith, Sistrunk and Sams P.C. at 866-549-0562 to discuss your circumstances.