Medical Litigation
Medical Litigation Doing What is Just and Reasonable
The primary purpose of medical litigation is to obtain compensation for the victim and to provide a system of fair professional accountability and medical investigation. Usually the first document filed in a lawsuit is the complaint or petition which provides an outline of the plaintiff's case against the defendant and identifies the parties involved and relates the facts giving rise to the claims. With medical litigation, any party has a right to see most documents that relate to a case.
- Sworn statements
This is when a person will answer questions from an attorney. Sworn statements can range in length and attorneys have their own strategies and fact finding processes for sworn statements. The purpose of a sworn statement is to give facts, not to speculate as to what might have happened.
- Resolving Your Case Before Trial
Pretrial motions can resolve many important questions about your lawsuit. The lawyer might file a request with the court asking for a ruling on a particular matter. The ruling on the motion could terminate the medical litigation and end the dispute before trial. The Summons is an order from the court where the lawsuit will be heard or litigated. It notifies the defendant that he has been sued. The majority of legal claims arising from accidents or injuries do not reach a civil court trial -- most are resolved earlier through a negotiated settlement among the parties
What Happens at Trial?
In a personal injury trial, a judge examines the evidence to decide whether the defendant should be held legally responsible for the injuries and harm alleged by the plaintiff. A trial is the plaintiff's opportunity to argue his or her case, in the hope of obtaining a judgment against the defendant.
With medical malpractice, Adele van der Walt Attorneys will handle your case from filing a report to medical litigation in a specialized manner.
For more information on this subject, please give us a call at 012 460 3668 (SA) or e-mail us at clare@avdw.co.za
