Medical Malpractice Attorney in Minneapolis, Minnesota

Will My Case Go to Trial?

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That is a case-by-case scenario, but I think when the assumption that you should have as a client is that your case is gonna go to trial. That’s how I always prepare my clients is that expect your case to go to trial because we are – we are essentially naming a doctor or a clinic or a facility out there in the judicial system and saying you did wrong by me, and they’re gonna defend themselves. And they’re gonna defend their doctor or their nurse or their employee pretty hard because they’re out in the community as well, and they want to have the reputation that they’re a good provider.

So I always tell clients that they have to assume that we’re gonna go to trial. In Minnesota there are laws regarding kind of how a case goes forward, and in medical malpractice you are not required to have any sort of an alternative dispute resolution process, which means that a case goes to mediation and you try to settle it before you get to trial. That’s not required in medical malpractice. Now that’s required in my other practice that I do, which is personal injury. That’s a part of our process, but in medical malpractice that’s not.

So I always tell the client to assume we’re headed for trial, and if we get a possible mediation that’s a great added step, but don’t assume that.

Minneapolis medical malpractice attorney Shannon Carey explains that not all cases will go to trial.

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