The Medical Malpractice Case Process

Medical malpractice cases are complex and usually lengthy. They require the knowledge of a capable and well-established attorney who not only understands the intricacies of medical malpractice laws but who can also calculate the chances of a successful claim. Our attorneys at Wagar Richard Kutcher Tygier & Luminais, LLP in Metairie, LA, are dedicated to our clients and committed to excellence. We will take the time to ensure you understand all aspects of the case process and how to sue for medical malpractice. To begin building your case today, contact our office online or call (504) 830-3838.

Free Case Analysis

At Wagar Richard Kutcher Tygier & Luminais, LLP, the process begins with a free case analysis. To conduct a comprehensive review, we may begin by:

  • Contacting all health care providers, including doctors and hospitals, whose care was involved in the alleged malpractice case
  • Reviewing medical records and medical literature pertinent to the case
  • Answering two basic questions: Did a third party act negligently, and did an injury result from this negligence?

At this point, we can review your legal options. If there is sufficient evidence to pursue the case, we can explain the process in more detail and take the time to answer any questions you may have.

gavel and file

We will do our best to help you collect fair compensation for your injuries.

Review by a Medical Expert

Before proceeding further, we will review your case with a medical expert. This will be a working or teaching physician with the highest qualifications in his or her field. If, after careful examination, the physician believes you have a valid case, we can file a suit.

Our team will do everything we can to provide you with the best and most competent legal representation.

Filing a Lawsuit

To ensure all documents have been properly executed, we can file a lawsuit with the local court on your behalf. We will also serve the defendants with the appropriate documents. Then, the defendant has a specified period of time to respond to the lawsuit. 

Pretrial Discovery

The next step is a pretrial discovery, which includes a written discovery, depositions of parties and witnesses, and depositions of expert witnesses.

Written Discovery

In a written discovery, each party sends written questions called “interrogatories” to the opposing party, as well as written requests to produce copies of relevant documents. Interrogatories are answered in writing, and answers are sworn under penalty of perjury. All relevant documents about the case are turned over the adversary party.

Depositions of Lay Witnesses

Depositions provide opportunities for lawyers to find out more information about the case. Defense counsel can also depose the plaintiff’s witnesses. To ensure your confidence, we take the time to prepare our witnesses for depositions in pre-deposition meetings.

Expert Depositions

Responses to written discovery are sent to our expert witnesses to confirm. Our witnesses and experts are disclosed to the defense counsel, who then has the opportunity to depose our expert witnesses. We work closely to prepare for depositions, so that we can ensure the best outcomes for our clients.


Most malpractice cases do not go to trial but are instead settled beforehand. It is important to keep in mind that settlements are rarely discussed before the plaintiff’s witnesses are deposed. In some cases, both parties will agree on mediation or arbitration, which are effective methods of settling cases outside of the courtroom. 

Going to Trial

If the defense does not make a just and fair offer, we will go to trial. We spend many hours preparing for trial and assembling exhibits, visual aids, opening statements, questions for witnesses, and closing arguments. We also hold pre-trial conferences with our clients and witnesses to prepare for the questions we will ask, as well as for cross-examination.

The Outcome

No lawyer can guarantee the outcome of a case, but our team will do everything we can to provide you with the best and most competent legal representation. It is our goal to help you secure the compensation you deserve to cover costs incurred as a result of an injury, as well as costs to be expected in the future.

Schedule Your Free Case Evaluation

Medical malpractice cases cover a wide range of situations, from surgical errors to catastrophic injuries. This type of case often requires mounting a strong defense against medical institutions with teams of attorneys. No matter the opposition, we are ready to fight on your behalf and provide aggressive legal representation. To schedule your free initial case consultation, contact our office online or call us at (504) 830-3838 today.

Contact Us

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Submission of information on an unsolicited basis does not create an attorney/client relationship. Correspondence with any member of this firm prior to confirmation of representation does not create an attorney/client relationship and may not be subject to the attorney/client privilege.

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