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by Jeff Rasansky - March 12, 2013
Jeff Rasansky
Jeff Rasansky, managing partner of Rasansky Law Firm, is an aggressive Dallas personal injury lawyer with 25 years of legal experience.

A woman is alleging that a doctor removed her ovary without her consent, leading to a lawsuit. The Southeast Texas Record reports that the woman was undergoing a surgery to remove fibroids from her uterus. The doctor, according to the report, removed her left ovary, a surgery to which she hadn’t consented.

The defendants wanted to move the lawsuit to mediation over an issue with the woman’s expert reports. A judge denied the motion and the claim is going to trial. Trying to get cases to go to mediation is a common tactic among doctors and healthcare facilities facing lawsuits, and it’s just one possibility that the people filing these lawsuits need to be aware of.

Trying to Stop the Lawsuit

There are legal maneuvers that defendants can attempt to stop a case from going to trial. In Texas, expert reports are required if a medical malpractice claim is being pursued. The defendants can object to these reports, in some cases, and this may hold up the trial.

The defendants may also try to offer a settlement. This is usually done before the victim of the malpractice has an attorney or even considers filing a lawsuit. The idea is to get the victim to try to settle for the amount offered and to give up their right to seek compensation in court. Unless an attorney advises the victim about the settlement, taking such a settlement is usually against the interests of the would-be plaintiff.

Handling the Hurdles

Filing a medical malpractice claim is a very involved undertaking. The lawyer filing the claim will have to get expert reports to file the claim and there are many different ways that the defendants can try to obstruct the claim from going through. This is why you need to work with a Texas medical malpractice attorney with experience. When lawyers get to work, there is something of a chess match involved. One attorney may attempt to make legal moves that are really just designed to delay and frustrate the other and, if the attorney representing you doesn’t know the answer to any of the defendant’s moves, it may ruin you claim.

Talk to an attorney about everything involved in a medical malpractice claim. These claims are about getting compensation for wrongs, and if you were the victim of malpractice, there is no reason whatsoever that legal maneuvering should keep you from getting the money you’re owed.

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