When a medical professional makes a serious mistake that results in injury, illness, or even death, patients and families are left with pain, confusion, and questions.
One of the most important questions is: What comes next?
Pursuing a medical malpractice lawsuit is a way to seek accountability and compensation—but understanding the legal process is key to making informed decisions.
At Finch McCranie LLP, we’ve helped countless individuals in Atlanta navigate the complexities of medical malpractice claims.
With decades of combined experience, we understand how challenging this process can be. In this guide, we’ll explain what you can expect during a medical malpractice lawsuit and how working with a trusted medical malpractice lawyer can make all the difference.
What Is a Medical Malpractice Lawsuit?
A medical malpractice lawsuit is a legal action brought against a doctor, hospital, or other healthcare provider whose negligent actions caused harm to a patient. These cases typically involve situations such as:
- Misdiagnosis or delayed diagnosis
- Surgical or anesthesia errors
- Medication mistakes
- Birth injuries
- Failure to obtain informed consent
- Negligent post-operative care
The goal of the lawsuit is to seek compensation for damages including medical expenses, lost income, pain and suffering, and in some cases, long-term disability or death.
Step 1: Initial Consultation with a Medical Malpractice Lawyer
The first step in pursuing a medical malpractice claim is speaking with an experienced medical malpractice lawyer. At Finch McCranie LLP, we offer a detailed evaluation of your situation to determine whether malpractice likely occurred.
During this consultation, we will:
- Review medical records and timelines
- Ask about the healthcare providers involved
- Assess the nature and severity of the harm
- Discuss your legal options and next steps
This initial review is critical for determining whether your case meets the legal threshold for filing a claim.
Step 2: Medical Review and Expert Evaluation
Medical malpractice cases require the support of qualified medical experts who can review the facts and confirm that the healthcare provider violated the standard of care. In Georgia, you cannot file a malpractice lawsuit without an affidavit from a medical expert supporting your claim.
This stage involves:
- Gathering detailed medical records and documentation
- Consulting with independent experts in the relevant specialty
- Preparing a formal opinion on negligence
Your medical malpractice lawyer will coordinate this process and ensure the affidavit meets all legal requirements.
Step 3: Filing the Lawsuit
Once the evidence has been gathered and reviewed, your attorney will file a medical malpractice lawsuit in civil court. This document (known as a complaint) outlines:
- The nature of the injury
- The medical provider’s alleged negligence
- The damages being claimed
- Supporting legal theories
In Georgia, the statute of limitations for most medical malpractice claims is two years from the date of injury (with some exceptions). Filing on time is essential to preserving your right to compensation.
Step 4: Discovery Phase
After the lawsuit is filed, both sides begin the discovery phase—a formal process of gathering evidence. This is often the most time-consuming stage in the lawsuit, and may include:
- Interrogatories (written questions)
- Depositions (interviews under oath)
- Requests for documents and records
- Expert witness evaluations
This stage allows each party to build their case and understand the other side’s arguments. A skilled medical malpractice lawyer will manage the exchange of information and ensure no critical evidence is missed.
Step 5: Settlement Negotiations
Many medical malpractice lawsuits are resolved through settlements rather than trials. Once discovery is complete, both parties may enter negotiations to avoid a lengthy court process.
Factors influencing settlement include:
- Strength of the evidence
- Extent of the patient’s injuries
- Expert opinions on future medical care
- Willingness of the defendant to accept responsibility
At Finch McCranie LLP, we strive to reach fair and timely settlements—but we are fully prepared to go to trial if necessary. Our goal is to maximize the compensation you deserve without unnecessary delay.
Step 6: Trial
If settlement negotiations fail, the case proceeds to trial. Trials can last anywhere from a few days to several weeks depending on the complexity of the case.
During the trial, your attorney will:
- Present expert witness testimony
- Cross-examine the defendant’s witnesses
- Argue your case before a judge or jury
- Seek a verdict in your favor
Our trial attorneys at Finch McCranie LLP are experienced litigators who know how to present a compelling case and advocate powerfully in court.
Step 7: Verdict and Potential Appeals
If the court rules in your favor, you may be awarded damages. These can include:
- Current and future medical costs
- Lost wages and reduced earning capacity
- Pain and emotional suffering
- Costs of ongoing care or rehabilitation
In some cases, the losing party may file an appeal, which can delay final resolution. If this occurs, your attorney will continue to advocate on your behalf through the appellate process.
How Long Does a Medical Malpractice Lawsuit Take?
The length of a medical malpractice lawsuit varies. Some cases are resolved in a few months through settlement, while others take several years if they go to trial. On average, these cases last 12 to 36 months from initial consultation to resolution.
Factors that affect the timeline include:
- Complexity of the medical issues
- Number of involved parties
- Willingness to negotiate
- Court availability and scheduling
Why Choose Finch McCranie LLP
Navigating a medical malpractice claim requires both legal and medical knowledge. At Finch McCranie LLP, we bring decades of experience handling complex malpractice cases in Atlanta and across Georgia. Our team works diligently to investigate your case, collaborate with respected medical experts, and pursue the compensation you need to move forward.
When you work with our firm, you can expect:
- Personalized attention
- Honest communication
- Thorough case preparation
- Respect for your time and circumstances
We understand the lasting impact of medical negligence and are committed to holding providers accountable while supporting your recovery.
Final Thoughts
A medical malpractice lawsuit is not just a legal process—it’s a pursuit of justice. Whether you’re facing life-changing injuries, overwhelming medical bills, or emotional trauma due to a healthcare provider’s negligence, the right legal team can make a real difference.
At Finch McCranie LLP, we’re here to help you understand your rights, evaluate your options, and take decisive legal action when needed. If you believe you or a loved one has been harmed by medical malpractice in Atlanta, contact us today to discuss your case.