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How Does a Medical Malpractice Trial Usually Proceed?

The first step in a medical malpractice claim is to file a formal complaint in the appropriate civil court, which depends on the jurisdiction, or the location, the malpractice took place.

Once the complaint has been filed, pretrial preparation begins with the discovery period. The discovery of facts is often accomplished in two ways: via interrogatories and depositions. Interrogatories are questionnaires that witnesses fill out and are typically used for gathering preliminary details. Depositions are face-to-face interviews in which witnesses swear to tell the truth, and then the interviews are transcribed. Depositions give malpractice attorneys the opportunity to ask follow-up questions and gather more information.

Once this data has been collected, the case moves into the trial phase, at which point the plaintiff has the legal burden of demonstrating that a medical mistake occurred. This boils down to prove three things. (Read Burden of Proof.)

If you or someone in your family has been injured, disfigured, or disabled as a result of medical malpractice, attorney Chris Mellino welcomes you to contact our Cleveland office for a free consultation. You may also download or request Chris’ free, easy-to-read guide on how to file a claim in Ohio.

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