(800) 616-2916

CALL FOR A FREE CONSULTATION

Steps of a Medical Malpractice Lawsuit

Sophia Soraya

October 28, 2024

You have a right to compensation after sustaining an injury or illness due to medical malpractice. A medical malpractice lawsuit can help you recover compensation injury-related losses that arise due to the negligence of a healthcare provider.

Understanding the steps of a medical malpractice lawsuit is crucial in pursuing compensation from the at-fault party. When a healthcare provider makes a mistake that harms—worsening an existing health condition or creating a new injury— there might be a basis for a medical malpractice lawsuit.

However, a patient’s condition can worsen for various reasons, including unpreventable; there’s much more to consider.

Consult a trusted medical malpractice attorney in Paramus, NJ, to learn how you can protect your rights in a medical malpractice lawsuit.

Get In Touch With Us

Contact Us now call us now

What is Typically the Second Step in a Malpractice Lawsuit?

In most cases, investigation is the second step in a malpractice lawsuit. A medical malpractice attorney can gather crucial sources of evidence to demonstrate a healthcare provider’s negligence.

Some of the evidence required to prove medical malpractice include:

  • Medical records to demonstrate the worsening of an existing condition
  • Expert opinion to demonstrate deviation from acceptable medical standards
  • Doctor’s testimony to demonstrate the severity of injury or illness
  • Pay stubs to establish the lost income as a result of the injury
  • Medical bills as a testament to money incurred as a result of the malpractice

How Long After Medical Malpractice Can You Sue?

Each state has a prescribed window for a patient to file a medical malpractice claim. The statute of limitations imposes a window for filing a lawsuit before the patient loses the ability to claim damages or legal remedies.

In New Jersey, an injured victim should file a medical malpractice claim within two years of the injury occurring or within two years of discovering the injury, whichever comes earlier. The date of discovery includes the day that the plaintiff should have reasonably known about the physical harm.

What Is the Medical Malpractice Lawsuit Timeline?

Here is a breakdown of the timeline:

  • Discover the Injury: The symptoms of some injuries are not immediately apparent. The statute of limitations allows injured victims some leeway to file a lawsuit when they discover the injury rather than the accident date.
  • Contact an Attorney: Contact a medical malpractice attorney for legal support during the lawsuit. You can also rely on an attorney’s knowledge and experience to protect your interest.
  • Contact Medical Experts: The success of a medical malpractice lawsuit relies on medical records to demonstrate the extent of the injury and the link to negligent healthcare providers. A medical expert can examine your injury and offer an opinion that can shape your lawsuit.
  • Attorney Sends a Notice to the At-Fault Physician or Hospital: An attorney initiates the lawsuit by sending a demand letter to the at-fault physician or healthcare facility. If the defendant fails to respond, the complaint will file a lawsuit.
  • Attorney Files a Lawsuit: Your attorney will file a complaint at a local court, which initiates the lawsuit.
  • Parties Conduct Discovery: Discovery is the stage of a lawsuit where parties exchange information about the case.
  • The Parties Engage in Settlement Negotiations: Before trial, there are several opportunities for parties to a lawsuit to engage in settlement negotiations. When settlement negotiations fail, both parties rely on the court’s verdict.

What Factors Can Lengthen the Time It Takes to Settle a Medical Malpractice Case?

It’s probably months or a year after sustaining an injury or illness after a medical malpractice. The at-fault party might have moved on with your life while you’re still waiting for the case to proceed.

Here are a few factors that may cause a personal injury lawsuit to take time:

The Complexity of the Case

While some cases are straightforward to complete, some are complicated and take time to solve due to factors like:

  • Multiple defendants
  • The treatment of a complicated medical condition
  • Delays in establishing the liable party
  • Disputed damages

If disputed damages exist, more time may be needed for research, discovery, fresh witnesses, and expert witnesses.

Length of Treatment Plan

Suppose a delayed cesarean delivery contributed to a birth injury. In that case, your medical malpractice lawsuit might not kick off until after obtaining maximum medical improvement.

Similarly, assessing and calculating the value of damages payable by the at-fault party takes time.

An insurer may need additional investigation time, particularly for medical malpractice claims that cause permanent disability.

The Trial Preparation Process

Discovery is part of the trial preparation process, where attorneys obtain documents and records to support your case. For a complex medical malpractice lawsuit, both attorneys may request additional time for:

  • Conducting investigations
  • Preparation of witness
  • Conducting witness interviews under oath
  • Gathering supporting evidence
  • Obtaining medical records

Availability of Witnesses or Experts

Identifying witnesses can delay the timeline of a medical malpractice lawsuit. Expert witnesses have busy schedules, which may necessitate postponing court dates to accommodate their availability.

Court Schedule

A simple and straightforward case will likely experience delays depending on the presiding judge or jury schedule. The court’s massive backlog of cases may also cause a delay despite your efforts to complete it quickly.

Should I Hire Medical Malpractice Lawyers to Represent Me?

If you or a loved one has sustained harm due to a healthcare provider’s negligence, a lawsuit might be your only route to compensation. Like all legal claims, your success depends on the available legal support.

Most medical malpractice claims involve technical and complex matters, and you should convince an insurance company or judge to obtain compensation. A medical malpractice lawyer brings their knowledge and experience while interpreting and applying complex legal issues.

Some of the benefits of working with a medical malpractice lawyer include:

Demonstrate the Extent of Your Injury

The likelihood of recovering from a medical malpractice injury depends on the settlement value you obtain from a lawsuit. An attorney has seen the first-hand impact of medical malpractice and a consequential reduction of quality of life.

They will apply their experience to communicate the severity of your circumstances in court. A medical malpractice attorney will evaluate factors like:

  • Level of injury or harm
  • The extent of quality of life lost
  • Lost injury due to injury or illness
  • Cost of specialized treatment and ongoing care

Avoid Accepting a Settlement Too Soon

Immediately after a medical malpractice claim, an insurance company may offer a settlement proposal. Usually, the first settlement offer barely covers your injury or illness-related losses. The role of an attorney is to evaluate the merits of any offer offered by the defendant.

If necessary, an attorney can table supporting evidence and negotiate a higher offer matching your injury-related losses.

Gather Supporting Evidence

The success of a medical malpractice lawsuit depends on the available evidence to support your claim. Without proof, you cannot justify the need for specific damages like medical expenses, lost income, or emotional anguish.

The input of an attorney is crucial while gathering the following sources of evidence:

  • Eye witness statements
  • Expert testimony
  • Medical Records
  • Images of your injuries
  • Medical bills
  • Doctor’s note
  • Prescription Notes

Handle the Legal Aspects

A medical malpractice claim takes several months to a few years to complete. An attorney provides legal guidance throughout all the stages of the lawsuit. First, an attorney enhances smooth, continuous communication with the insurance provider.

Further, an attorney prepares court documents, negotiates with the at-fault party, and argues your case before a judge or jury.

Get in Touch With an Experienced Medical Malpractice Lawsuit in New Jersey

Suppose you went to an emergency room because of chest pain but got misdiagnosed for indigestion and were discharged. In that case, you may suffer a heart attack with severe complications like heart failure and have the right to seek compensation.

Always consult an experienced attorney from Varcadipane & Pinnisi, P.C. who will aggressively pursue compensation for misdiagnosis-related losses. Contact us online or at (800) 616-2916 for a free consultation.

Sophia Soraya

Sophia Soraya is a seasoned attorney specializing in complex civil matters, with a focus on personal injury, professional malpractice, and product liability cases across New York and New Jersey. Sophia is a Partner with the Firm and has been selected as a Super Lawyers, Rising Star for consecutive years.

University: J.D. New England Law (Boston)

Bar Number: 000402013

Locations: New Jersey and New York.

Let Us Fight For You

Need Help? Contact us 24/7

Free Consultation img (800) 616-2916

New York & New Jersey Personal Injury & Litigation Lawyers

Categories

Request Your
Free Consultation

Schedule a free consultation with one of our experienced lawyers by filling out the form below, or call us at (800) 616-2916

Name(Required)
Select Your Case Venue(Required)
Select Your Case Type(Required)
How Did You Find Our Firm?(Required)
  • "These Lawyers are very very good. They help and we are very thankful. "

    Horacio Ponce Client

  • "This firm and Jeff’s team are a class act. They are highly knowledgeable with HOA laws. I look forward to working with them in the near future. Thank you! "

    Greg Ortiz Client

  • "Our cohort used this firm to help resolve a condominium HOA dispute, they were very professional, efficient, and knowledgeable. "

    Jarrod Jacobs Client

  • "Jeff Varcadipane is a star attorney. Works diligently and never gives up. He fights for your legal rights. "

    Girish Mehta Client

  • "I am very pleased with their service. Mr. Jeff Varcadipane explained and analyzed the case in details. He and his team are very professional. "

    Kung-Kuen Tse Client

  • "I would like to personally thank our Attorneys Jeff and Noah at V&P, PC. They have always been completely transparent, dedicated, and hardworking -They have gone above and beyond to extend themselves for our matter. They come wit..."

    Nikiya Scott Client

  • "Jeff, Noah, and the team… saved us over $260K in questionable assessments by a board that has shown to have unethical practices, provided voices for those censored by board members suspected of corruption. They’ve been instrument..."

    Tracy Ejerekhile Client

  • "Selecting the right law firm can be the difference between merely accepting a settlement and securing the highest possible compensation. Varcadipane & Pinnisi is not just any firm; they are a top-tier legal team known for their u..."

    Sarah Caprio Client

  • "Timely efficient and highly knowledgeable about Home Owners Association laws. Highly-qualified, recommended. "

    Alvaro Quintero Client

  • "I want to thank you for the excellent representation offered, very professional and honest. "

    Maria Petock Coelho Client

  • "Incredible group of attorneys, paralegals and administrative staff that treat you like a person and not just a number. They truly care about your health and will provide you with incredible representation for the largest possible rec..."

    William Klepper Jr. Business Referral

  • "Thank you Jeffrey and your team for helping solve legal issues! Amazing firm! "

    Diane Rasa Client

  • "Jeff helped me personally and I couldn’t be happier with the professionalism and the result! Great team and terrific firm! "

    Matt Leone Client

  • "Jeff and Dawn are both incredibly knowledgeable and caring attorneys who do the best for their clients. We all know that dealing with lawyers can sometimes be a challenge – I have personally used them and found my experiences t..."

    William Gulya Client

  • "I recently had the pleasure of working with Varcadipane & Pinnisi, and I can’t recommend them highly enough. From the initial consultation to the resolution of my case, the team was professional, knowledgeable, and incredib..."

    Eddie Casola Client

  • "The team at Varcadipane & Pinnisi are the best! I had an excellent experience, as their team was not only knowledgeable but also highly responsive. They provided clear guidance throughout the process. Their professionalism and de..."

    Sarah Weimer Client

  • "Great experience with V&P! Everyone we worked with at the firm was top notch and provided great advice and service. Would highly recommend! "

    Chris Koinis Client

  • "Excellent team of lawyers and staff. Their director of operations Jeremy was also very kind and considerate. "

    Jacob Valentin Client

  • "Highly recommend Varcadipane & Pinnisi for personal injury and civil litigation. They are an excellent group of people who really care about their clients and employees. Highly skilled attorneys and staff. Shout out to the operat..."

    Nelly Valentin Client

  • "Always great working with Varcadipane & Pinnisi they are very professional and get the job done. "

    Anne Weimer Client

  • "The lawyers at this firm truly care about their clients and put 100% into their cases. I could not be more satisfied with the outcome of my case. "

    Laura P. Client

  • "I couldn’t be more pleased with the service and expertise provided by V&P. Their dedication, attention to detail, and clear communication made a stressful situation much easier. They went above and beyond to ensure a positive o..."

    Rob Freeborn Client

  • "Fabulous team of attorneys. Trustworthy, responsive and professional "

    Jessica Larsen Client

  • "This firm is absolutely extraordinary. Who you choose to represent you makes a huge difference. I’m thankful they were able to represent me. "

    Geff Tirabassi Client

  • "I highly recommend Varcadipane & Pinnisi to anyone seeking a skilled and professional law firm. Their team was exceptionally responsive and diligent when I faced an urgent issue after someone defaulted on a loan. After a previous..."

    Judith Bassford Client

  • "I have retained the attorneys at VARCADIPANE & PINNISI for personal and commercial matters and have always had a great experience. They are knowledgeable and excellent at communicating throughout the legal process. "

    Daniel Valinoti Client

  • "Very professional firm to work with. WONDERFUL people. "

    Meredith Casola Client

  • "Great courteous people awesome to deal with. "

    Frank Casola Client

  • "Had great Experience with the firm. The attorneys as well as the staff are amazing. I would recommend them to anyone. "

    Dan Pinnisi Friend

  • "The attorneys at Varcadipane & Pinnisi, PC are extremely knowledgeable on a wide range of legal matters and they work tirelessly to achieve the best results for their clients! "

    Christopher Pinnisi Friend

  • "The staff are very professional honest and accommodating. They deliver. I am very pleased and grateful. "

    Helen Dittmeier Client

  • "Jeff Is the best lawyer in the entire world ! Not only was he fighting for me hard and firm bit he also is a genuine and caring person. I couldn’t be more grateful and thankful for him and the team ! Thank you for believing in ..."

    Gigi Diaz Client

  • "From the very beginning, the team at Varcadipane & Pinnisi provided us with clear guidance, comprehensive strategies, and a sense of confidence that we were in the best possible hands. The thorough preparation and attention to de..."

    Rob Scarcello Client

  • "Jeff Varcadipane helped and guided us through a tough dental office sale conflict. He is very professional, gives confidence to the client. I felt very confident with him being our atty. Would def recommend him!! "

    Ghania Chohan Client

  • "I was completely satisfied from my first conversation with Jeff Varcadipane, he answered my questions with concise, intelligent solutions to my problem. My doubts that it could not be resolved were totally erased. I would highly reco..."

    Sandra Cherry Client

  • "Sophia Soraya did a wonderful job winning our case. She made a hard process very easy to understand and we were very pleased. Her persistence and determination is unmatched and unlike that of the other firms who told us our case was ..."

    Hanna Yafar Client

  • "A terrific firm that helped my family to successfully litigate a complex real estate fraud case. Great communication from the team throughout the entire process. Everyone involved was highly skilled, explained things clearly and appe..."

    Robert J. Client

  • "Varcadipane & Pinnisi, P.C. were incredible to work with. Their attention to detail, knowledge, and responsiveness go unmatched. I highly recommend!!! "

    Rebecca Weimer Client

  • "My nearly 8 year long relationship with Varcadipane & Pinnisi as my legal counsel was nothing short of outstanding. Their dedication and hard work shone through every step of the way. Simply put, I was represented by my legal dre..."

    Daniel Stanton Client

  • "Jeff Varcadipane did an excellent job winning my case, despite the constant hurdles and excess motions of the defense. His knowledge of every part of the law was very impressive. He and Dawn really cared about my case and constantly ..."

    Scott Harding Client

  • "I had a great experience with Varcadipane & Pinnisi, P.C. law firm and would like to express my gratitude specifically to Ms. Sophia Soraya for her excellent legal assistance. I appreciate their professionalism and highly recomme..."

    Shirin Ghavami Client

  • "Attorney Sophia Soraya and her firm were incredible. We couldn’t have been more impressed with their knowledge, care, and attention to detail. Your legal needs are in great hands with Varcadipane and Pinnisi, PC. "

    Shadee Barkan Client

  • "Varcadipane and Pinnisi, P.C. has been an incredible partner in navigating risk and advising on the commercial structure of multiple businesses, while providing personal counsel for the last 15 years. "

    Mike Caprio Client

  • "The entire team at VARCADIPANE & PINNISI, P.C. were fantastic to work with and achieved way more than expected. I had such a hard time finding and trusting a firm to work with based on the complexity of my case. The team at VARCA..."

    Thomas Weimer Client

  • "We are extremely pleased with the exceptional legal services provided by Varcadipane & Pinnisi, P.C. Their professionalism, expertise, and dedication were evident throughout the entire process. I highly recommend their services t..."

    Amani Hussein Client

  • "Choosing this firm to represent my family and I was the best decision I could have made! They walked us through the process and were very professional, accessible and always explained everything in detail. Dawn and her team listened,..."

    Felicia Pallatto Client

  • "I cannot praise Varcadipane & Pinnisi, P.C. enough for their exceptional legal support, especially Mr. Varcadipane’s instrumental role in safeguarding my business. Before engaging their services, my business was operating w..."

    Michael Gallucci Client

  • "Thank you to Dawn who work tirelessly throughout the time that we have the case open. She even helped to find ways to reduce the cost. She is very knowledgeable and easy to reach out to. Very fair and logical by providing whats best ..."

    Candra Morris Client

  • "My name is John and my experience with Varcadipane and Pinnisi, P.C. was amazing from day one. The firm is very professional and very informative. Not all law firms are honest or easy to work with. With that said , once become a clie..."

    John Young Client

  • "They say the reward is exponentially greater if you receive it when you least expect it. It sounds like a fairy tale happy ending, but it was made possible for my wife and me by the team at Varcadipane & Pinnisi, P.C. What starte..."

    Danny Yook Client

  • "I would highly recommend Varcadipane and Pinnisi, P.C. for the dedication to your individual case and your needs. They’re timely in response to your questions, they get you the answers you need, they are honest and reliable. We..."

    Korean Mohammed Client

  • "They are very good lawyers and they are very kind thanks for everything 😊😊 "

    Gustavo Ramos Client

  • "It has truly been an incredible experience working with Ms. Sophia Soraya and the Varcadipane & Pinnisi, P.C. Law Firm. They have been extremely professional, diligent, and committed. Despite any challenges that appeared along th..."

    Anthony Gardner Client

  • "Sophia was amazing, as was her team. She was there for me through everything; super supportive and ensured I felt comfortable with every decision made. She never gave up and ultimately made a very challenging life event much easier t..."

    Chelsey Mei Client

  • "Jeff and his team were so helpful in solving our legal issue. Everyone was thorough and communicated every step of the process to us. We really appreciate everything they did and would highly recommend!! "

    Justin Leonard Client

  • "I was very satisfied with Varcadipane & Pinnisi, P.C. They were professional and courteous in handling my case., which they handled with speed and brought a very favorable outcome to my case. I would whole heartily recommend to a..."

    Vincent Herold Client

  • "Everyone at this law office is very courteous and professional. I was being kept in the loop at every step in the process, and we reached a satisfactory outcome. "

    Boris Shulman Client

  • "The law firm lead by Mr. Varcadipane provided service that was first rate. From our first conversation, till the final settlement, this firm provided me a level of comfort and expertise which was second to none. I would surely recomm..."

    Bruce Huberman Client

  • "Dawn Pinnisi is a caring and responsible attorney who worked assiduously on my behalf. Highly recommend. "

    Michele Alpern Client

  • "To be successful in a matter involving a business dispute requires an attorney who not only knows the law but who has spent significant time in the courtroom dealing with complex business litigation. Varcadipane & Pinnisi, P.C. i..."

    Carlo Rebosio Client

  • "We Hired Varcadipane & Pinnisi, P.C. for a situation we had back In NJ last year with a moving company that did not do right by us, they were supposed to deliver our household goods from NJ to our new home in FL and instead took ..."

    Juan Marin Client

  • "Varcadipane & Pinnisi, P.C. were successful in negotiating our claim. Professional and knowledgeable. "

    East Coast Management Business Client

  • "I would like to start off by telling everyone at the firm how thankful I am for all who were involved in my case. I was always treated professionally, like family, kind, and considerate and with a friendly smile. Moreover, my experie..."

    Cheri Carlson Client

  • "Words can’t adequately express my gratitude to Dawn for taking on my medical malpractice case. At our first meeting Dawn had compassion for I went through and took the time to listen to everything I had to say. Throughout the e..."

    Rick Pierce Client

  • "Dawn Pinnisi was recommended to me from another lawyer. From the moment I spoke with her, I left it all in her hands. I live 2 hours away and I never had to go to her office! She settled my lawsuit so fast and for more that I ever ex..."

    Jennifer Severino Client

  • "I would like to start off by telling everyone at the firm how thankful I am for all of you who were involved in my case. I was always treated professionally, with a friendly smile and greeting anytime I was at the office. Moreover, m..."

    Kenneth Knebl Client

  • "Great law firm! Dawn Pinnisi is a great lawyer, very easy to work with, and got me a more than fair settlement on my case. Highly recommend this law firm. "

    Donna Hornby Client

  • "They were outstanding in every way and I couldn’t be more pleased! "

    Ana Reuten Client

  • "Thank you for the professionalism and the understanding of the laws, HOA. We have been able to reach our objective. Definitely and amazing team of lawyers. Thank you. South Pearl Condominium. Gonzalo A. Sossa, Apt D1 "

    Gonzalo A Sossa Client

  • "The work and assistance by Varcadipane was EXCELLENT. I highly RECOMMEND this company. "

    Ivan Ayala Client

  • "The lawyer from Varcadipane & Pinnisi was excellent and very helpful. I would recommend Varcadipane & Pinnisi to other individuals. "

    Gloria Santana Client

  • "Estamos muy agradecidos por su cooperacion y trabajo muy profesional. Esperamos continuar trabajando con ustedes. "

    Maria Cruz Client

  • "I have known Jeff Varcadipane for over 7 years, during which time he has advised me on several real estate and civil claims issues. Most recently, he assisted with my complicated real estate transaction in NY. He was very responsive,..."

    Andrew L. Client

  • "The best way to describe Dawn is if you are looking for a person that will go to bat for you, to fight for your cause, that puts in the energy, research, and effort that is required to get you the settlement that you deserve, then lo..."

    Charles D. Client

  • "When forming my business, it was important that I started with the right structure. Jeff took the time to explain the pros and cons from a legal perspective and I was able to make a confident decision. Varcadipane & Pinnisi, P.C...."

    Richard L. Brandbliss

  • "The legal process is complicated and at times frustrating but Jeff has managed to translate this process so it is clear to me. He has been patient in walking me through this step by step. Jeff has been timely in providing me with upd..."

    I.S. Client

  • "Dawn is the best she won 2 cases for me for over $300,000. The first one was very difficult being that the company had no insurance, but Dawn handled it with such persistence and professionalism that we won. If you want a lawyer who ..."

    Anonymous Client

  • "I highly endorse this lawyer. Dawn is smart and personable. She is known to be a great litigator and she is extremely knowledgeable about the law as well as being fiercely defensive of her clients. I have attended many court appearan..."

    Peer Review Birth Injury Attorney

  • "I had the pleasure of working with Ms. Pinnisi for 14 years. She is one of the most outstanding attorneys with whom I have dealt. Ms. Pinnisi meticulously prepares and researches cases and advocates zealously on behalf of her clients..."

    Peer Review Personal Injury Attorney

  • "Dawn Pinnisi is a fantastic attorney with whom I have worked on numerous cases. Dawn is someone I am proud to call a friend. Over the years I have seen how personally invested she becomes in each of her cases, stopping at nothing to ..."

    Peer Review Car Accident Attorney

  • "Dawn really helped me out in a time of need after my accident. I wasn’t sure if I had a case or not but after my consultation, she gave me hope. I felt like I could trust her and she always returned my phone calls after reachin..."

    Anonymous Client

  • "I highly recommend Dawn Pinnisi for medical malpractice, car accident, and personal injury cases. Not only is she one of the most experienced attorneys in the field she’s an honest, trustworthy, and caring person in the litigat..."

    Peer Review Criminal Defense Attorney

  • "I had the pleasure of working with Ms. Pinnisi for 14 years. She is one of the most outstanding attorneys with whom I have dealt. Ms. Pinnisi meticulously prepares and researches cases and advocates zealously on behalf of her clients..."

    Peer Review Personal Injury Attorney

#

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

From The Blog

view more blog posts

Request Your Free Consultation

Schedule a free consultation with one of our experienced lawyers by filling out the form below, or call us at (800) 616-2916

  • 5011 Gate Parkway, Bldg 100, Suite 100, Jacksonville, FL 32256
  • (904) 373-7565