We understand that the idea of a lawsuit can seem overwhelming, so we want to provide an overview of what you can expect from Matonich Law. Keep in mind that every case is unique. However, the following steps are fairly typical.
Our first step is to meet with you to discuss your case and assess whether or not we believe we can truly help make a difference, both for you and for the future of safer medical practices.
Review of Your Medical Records
A thorough evaluation of your medical records as a team will help us further define the potential merit of your case.
Due to the cost of retaining experts and the complexity of medical malpractice cases, our firm only handles the most serious and egregious cases involving permanent medical injuries, death, and other life-altering events.
Consultation with Medical Experts
With your permission, we will send your records to our medical experts. We work with the best doctors, nurses, and other medical professionals to provide us with an opinion on the quality and appropriateness of care that you or your loved one received.
Please note: Under Minnesota law, we can only bring action against a health care provider if our medical experts agree that there has been malpractice.
Create a Complaint
If you decide to move forward, we will work with you to discuss serving a complaint on the defendant. A “complaint” is the technical term for the document that imparts the allegations of malpractice and initiates the lawsuit.
The period of time from serving the complaint to going to trial can last anywhere from 12 to 18 months. This a general estimate and takes into consideration court scheduling and other factors.
During this phase, each side discovers information about the other side’s case. We will help you answer written questions called interrogatories that will be given to the defense. In turn, the defense will answer our interrogatories.
These are opportunities for each side to question witnesses (and parties) on the other side of the case and under oath. Your team will prepare you and be with you during your deposition when the attorneys for the defense question you.
The parties may decide to try and settle the case. This can happen either through direct discussion between the lawyers or through mediation, where a neutral person works with both sides to try to reach a settlement.
In the realm of medical malpractice, there is no obligation for the defendant to mediate a case. If the defense elects not to go into mediation, the next stage is to go to trial.
Go to Trial
Although the prospect of going to trial can seem daunting, we will remain by your side every step of the way. The trial experience is different for every case—length of trials vary, as do outcomes. Every effort will be made to help you feel as comfortable and ready as possible for trial, and we will remain in continuous communication throughout the process.