“I will use treatment to help the sick according to my ability and judgment, but never with a view to injury and wrong-doing.” Excerpt from the Hippocratic Oath
The trust that you give your doctor or hospital to treat you is sacred. When that medical professional betrays this trust by being negligent, he needs to be held accountable. At Stone & Maya, P.C., we handle cases including:
- Failure to Diagnose
- Medication Errors
- Surgical Errors
- Anesthesia Errors
- Birth and Delivery Errors
Medical malpractice cases can be complicated and often expensive cases to litigate. Prior to your case being filed, an expert must review your claim and certify a valid cause of action. Stone & Maya, P.C. has the experience and resources to successfully prosecute your case.
ANATOMY OF A MEDICAL NEGLIGENCE CASE
At Stone & Maya, P.C., we bring years of experience in handling medical negligence cases. Although the individual facts and circumstances of every case is unique, most cases share a general anatomy and timeline.
- Negligent event or treatment occurred.
- Our attorneys will review all of the relevant medical records for the investigation, once hired. These records are provided to the reviewing expert physician.
- The reviewing physician confirms that negligence occurred and provides a report.
- The expert’s report is included with the Complaint at Law filed against the defendant doctor and/or facility. Our firm will provide you with a copy of your Complaint for your own records.
- Once the defendant is served and answers the Complaint, discovery begins on your case.
- Discovery consists of two parts, first being written questions and documents. These documents include of the evidence that you collected right after your accident occurred.
- The second half of discovery involves your deposition. A deposition is the defendant’s opportunity to ask you questions about the case and determine your credibility. It can also be used at trial, if the case proceeds to that point.
- Following the conclusion of depositions, it is not uncommon for the defense to file a Motion to Dismiss, or similar motion. The grounds for this type of motion can differ, but the goal of the defendant in bringing is always the same: to dismiss your case before trial. Our firm has successfully defended against and defeated numerous Motions to Dismiss over the years.
- After the defendant’s motion is defeated, many cases become eligible for settlement negotiations. If your case can be settled at this point, no trial is necessary.
- If settlement negotiations are not successful, our attorneys continue to prepare your case for trial. This includes obtaining the trial testimony of experts, witnesses and your doctors.
- Your case proceeds to trial.
- Following trial, there may be post-trial motions and appeals.
Contact our office for a free consultation with an experienced malpractice attorney to discuss your case.