What is the lawsuit phase?
Once the claim is denied or a decision is made that the case cannot settle without a lawsuit, a Complaint is filed in the appropriate Court and all defendants are served a copy of the Complaint. The defendants will file an Answer. The next portion of the process is called the discovery phase. The plaintiff (the claimant) and the defendant (the medical provider) will take depositions of all parties, experts, witnesses, etc. There will then be a mediation held where a third party will mediate between the parties to see if the claim can settle. A trial date is then set. The trial, depending on the complexity of the issues, can take up to one to three weeks. The lawsuit process for a medical malpractice claim can take from two to three years to complete.
