Cincinnati Attorney Joseph Lyon Explains the Process of a Medical Malpractice Lawsuit and Answers Common Client Questions
“One of the most important questions that my clients ask me in medical malpractice cases is ‘What can I expect from the process? How does the case move forward once the lawsuit is filed?’ Now, in most malpractice cases we have to obtain an Affidavit of Merit on the standard of care before the lawsuit is filed. So, the expert side of the case is typically well-understood, even before the lawsuit is filed.
“What the litigation involves is flushing out and understanding what the defendants are going to say from their perspective, in terms of why they acted in the manner they acted, why certain decisions were made, why diagnosis were not met. Oftentimes there are facts and circumstances and conversations that are not documented in the medical records. Medical records are only a piece of the story and they don’t tell the entire story. The deposition process that occurs once the lawsuit is filed is critical to understanding all of the information that was being exchanged, and used as the basis for the particular care that’s the subject of the lawsuit.
“Once the depositions are taken with respect to the liability, the damages side of the case is worked up. The damages sides of these cases can be very very complex. Oftentimes the injuries are catastrophic and require the evaluation of what are called life-care plans moving forwards. Life-care plans involve expert nurses who can evaluate the injury and understand the type of care the individual will need moving forward. There’s also a cost to that care that’s evaluated.
“A primary goal moving forward in medical malpractice cases is to acquire the financial resources to enable our clients to be independent moving forward in their lives. We don’t want our clients to be limited by government resources or insurance companies that may deny certain types of care for them in the future. A large part of the case is understanding what the future will look like for this individual, how is their life changed as a result of this injury, and how can we gather the compensation that will be necessary so that they can have the most comfortable life moving forward.”
If you or a loved one has suffered an injury due to medical malpractice and have questions about the root cause and the legal remedies available to improve quality of life and medical care in Ohio, contact The Lyon Firm at (800) 513-2403. You will speak directly with Mr. Lyon, and he will help you answer the critical questions surrounding your medical malpractice lawsuit.