Orange County Medical Malpractice Attorney
When something goes wrong at the hospital or at a doctor’s visit, many people immediately think about suing the doctor. Before you attempt to do this, it’s important to know precisely what a medical malpractice case requires in order for you to be successful. If you or a loved one has suffered a severe injury while undergoing medical treatment, it’s essential that you reach out to an experienced attorney immediately.
There are a lot of deadlines and particulars in medical malpractice cases. If you miss the deadline or fail to include all of the necessary information, you might be barred from recovering any compensation, even if you are otherwise legally entitled to it. Dr. Bruce Fagel is one of the most accomplished and experienced medical malpractice attorneys in Orange County, California. Call The Law Offices of Dr. Bruce G. Fagel & Associates today at 800-541-9376 for a free consultation.
Why You Need an Orange County Medical Malpractice Lawyer
Medical malpractice cases can be confusing, so it’s helpful to have an experienced professional who can help you along the way. Dr. Bruce Fagel is a lawyer and a doctor who represents plaintiffs in medical malpractice and negligence cases against doctors and hospitals exclusively on behalf of an injured patient. In this type of case, there are several important things that an attorney will do for you. The following are just a few of the actions that Dr. Bruce Fagel will take in your medical malpractice case:
1. Initiating The Case
The first thing Dr. Bruce Fagel will do is speak with you about your case. If you both determine that you have a claim and wish to go forward, he will begin the case by filing a complaint with the clerk of court.
2. Pre-Trial Motions
Dr. Fagel will make sure he files any relevant pre-trial motions. An example of a common pre-trial action is a motion for default judgment. If the defendant fails to respond to the complaint, the defendant is technically in default. When this happens, the defendant should no longer be permitted to contest liability. This means you would win the case.
Once Dr. Bruce Fagel has done everything necessary to initiate the case, he will also request all of the discovery from the defendant and the defendant’s attorneys. Under California law, both the plaintiff and the defendant are permitted to obtain discovery in the following manners:
- Oral examination or written questions
- Written interrogatories
- Requests for admission
- Requests for production of documents or other information
- Physical and mental examinations
Dr. Bruce Fagel will make sure to request every item of discovery that is needed to prove your medical malpractice case at trial.
Dr. Bruce Fagel will first make a sincere attempt to negotiate with the defendant and their attorney in order to settle the case without going to court. If he can negotiate a reasonable settlement without going to trial, this is usually the best way to go. It will save everyone a lot of time, money, and stress.
5. Expert Witnesses
If the case cannot be settled and there isn’t a successful motion for default judgment, Dr. Bruce Fagel will ensure that he adequately prepares expert witnesses for trial. Finding experienced and well-respected expert witnesses is crucial in a medical malpractice case. Dr. Bruce Fagel has many expert witnesses that he works with often. He will speak with them and make sure they’re prepared to testify on your behalf. These medical experts will be able to establish that the defendant is at fault for the injury you or your loved one sustained. Under California law.
In order to be qualified as a medical expert witness, the expert must have special knowledge, skill, experience, training, or education sufficient to qualify them as an expert on the subject that they are testifying about.
If negotiations fail, everything will be prepared, and Dr. Bruce Fagel will take your case to trial. At trial, your attorney and the defendant’s attorney will present all admissible evidence to the court. The case will be held in a courtroom which will include either a judge, or a judge and a jury.
In California, jury trials for civil matters must have 12 jurors unless both parties agree to have fewer. Once the jury is selected, both parties will give their opening statements. Dr. Bruce Fagel is incredibly experienced in medical malpractice cases. He is always ready and prepared to handle a jury trial in order to try to help you to be fairly compensated for your loss, receiving as large a settlement as possible.
If you do not receive the outcome you want when the trial is over, Dr. Fagel will help you with an appeal if he believes it will be successful. An appeal allows a higher court to look at the case and essentially decide if the lower court made the correct decision. There are many complicated procedures and timelines in terms of an appeal, but Dr. Fagel will make sure everything is done correctly. Don’t forget, Dr. Fagel will never receive any payment unless you are compensated.
An Orange County Medical Malpractice Attorney Can Help
Medical malpractice cases are complex. The facts necessary to prove your case are based in large part on the medical records and testimony of medical experts. In order to be successful, your attorney must understand the facts of medicine and the law to effectively prepare expert witnesses whose testimony is necessary for a successful medical malpractice case.
If you want to receive the largest settlement possible, you must have an attorney who has the experience and track record to represent your case. Dr. Bruce Fagel has both of these. He is a licensed physician and an incredibly accomplished lawyer. He knows how to explain complicated medical terms to the judge and the jury. This is what sets Dr. Bruce Fagel apart from the competition. Call an Orange County medical malpractice attorney today at 800-541-9376 for a free consultation.