What Happens After You File a Medical Malpractice Lawsuit in Missouri?

Filing a medical malpractice lawsuit in Missouri is a significant step that can lead to a lengthy and complex legal process. After submitting your claim, it’s essential to understand the subsequent stages and what to expect to best prepare yourself for the journey ahead.

Notification to the Defendant
After the lawsuit is filed, the defendant, typically the healthcare provider or medical facility involved, is formally notified. This is done through a legal document called a summons, which outlines the allegations against them. The defendant is given a specific period to respond to the lawsuit, usually 30 days.

Defendant’s Response
Once the defendant receives the summons, they must file an answer with the court, admitting to or denying the claims. They may also present any defenses they intend to use. This response is crucial as it sets the stage for the litigation process and determines how the case will proceed.

Discovery Process
The next phase is discovery, an extensive process where both parties exchange information relevant to the case. This includes documents, medical records, and any other evidence supporting each side’s claims or defenses. Depositions may also be conducted, where witnesses, including medical professionals, provide sworn testimony.

Expert Witnesses
In Missouri, medical malpractice cases require expert testimony to establish the standard of care and how the defendant deviated from it. Both sides will typically enlist expert witnesses who will examine the case details and provide opinions regarding the medical practices involved. This expert evidence is crucial, as it can greatly influence the outcome of the case.

Motions and Hearings
As the lawsuit progresses, various motions may be filed by either party. These can include motions to dismiss the case or motions for summary judgment, where one party argues that there are no material facts in dispute and that they are entitled to a judgment as a matter of law. Hearings on these motions may occur, determining whether the case will proceed to trial.

Settlement Negotiations
Throughout the lawsuit, both parties often engage in settlement discussions. Most medical malpractice cases are settled before reaching trial, as litigation can be lengthy and costly. Mediation may be used to encourage a mutually beneficial settlement, allowing both parties to avoid the uncertainties of a trial.

Trial
If a settlement cannot be reached, the case will proceed to trial. During the trial, both sides will present their evidence, call witnesses, and make arguments to the judge or jury. The trial process can be time-consuming, and the decision may take days or even weeks, depending on the complexity of the case.

Verdict and Appeal
After the trial, the judge or jury will render a verdict. If the plaintiff wins, the court will award damages, which can include compensation for medical expenses, lost wages, pain, and suffering. If the defendant wins, the lawsuit will be dismissed. Either party may have the option to appeal the decision if they believe there were errors in the legal process.

Conclusion
Filing a medical malpractice lawsuit in Missouri initiates a process that can take months or even years to resolve. Understanding the steps that follow filing your lawsuit helps in preparing for the legal challenges ahead. Keeping informed, maintaining communication with your attorney, and being prepared for each stage of the process can significantly impact your experience and outcome.