When does a medical malpractice case get resolved?

“Resolved” can mean anything from the case getting dismissed (whether by the plaintiff or by the court), to the plaintiff and defendant agreeing to settle the case for a certain sum of money. And remember that settlement can happen at any time — from before a lawsuit is even filed, to just before the case goes to the jury for deliberation.

What is the jury selection process in a medical malpractice case?

A medical malpractice trial begins by selecting a jury out of a pool of potential jurors. The jury selection process, called voir dire , varies from courtroom to courtroom. Some judges allow attorneys to directly question potential jurors.

What is the opening statement in a medical malpractice case?

The defendant will then, through their attorney, offer their own opening statement, which will generally involve telling the jury why your case has no merit, and that the doctor did nothing wrong in the eyes of the law. Upon the conclusion of opening statements, your attorney will present your case in chief.

Can a medical malpractice case be settled out of court?

Most medical malpractice lawsuit will end up settling out of court, but still require that both sides file motions and go through discovery through the court process.

What are the rules of the Michigan Court of claims?

The Michigan Court Rules, and the decisional law construing those rules, remain the authoritative law that governs the procedural requirements in the Court of Claims. For convenience, references to applicable court rules are included with the answers below. 01. What is the Court of Claims?

How to file a medical malpractice lawsuit in Michigan?

Every medical malpractice case in Michigan is initiated by filing a Notice of Intent to File Suit (NOI). The NOI must be in writing and must be served upon all health care providers who will be sued at least 182 days before the actual lawsuit is filed.

What happens during discovery in a medical malpractice case?

During discovery, both sides will request information, evidence and related documentation from the other in an attempt to gather the facts and build their respective cases. During discovery, the defense and plaintiffs will need to hire an expert medical witness to consult on the case and to advise on the merits of the medical negligence complaint.