Medical Malpractice occurs when medical treatment falls below the standard of care generally accepted and established by the medical community. Hospitals, doctors, nurses and other healthcare professionals are liable for injuries they cause to their patients, when their treatment or lack of treatment falls below the standard of care.

On the TOBLER & ASSOCIATES team, Maren Tobler is the primary medical malpractice attorney. Medical malpractice cases are often complex, so she works closely with other experts and professionals to make sure that the best knowledge and resources are applied to each case. Maren understands the sensitive nature of these cases, and she genuinely cares about the well-being of each of her clients. She listens to their concerns, and works to ensure that they are thoroughly compensated for their losses.

We have outlined below the general steps we take in evaluating and pursuing a medical malpractice case. However, remember that each case is unique and may require additional or different actions to ensure the best representation possible:

1. Gather basic information and collect medical records
The first step is to gather all the information we can about what happened to injure our client. If the client doesn't already have a copy of his or her medical records we'll collect them for him or her. Sometimes, we will also ask for specific x-rays, MRI's, or other films that we believe are important to the case. Depending on how quickly the hospitals, doctors, and medical providers respond to our requests, gathering the records may take time.

2. Submit records to experts for review and analysis
Once we have obtained all the relevant records, we will send them to an appropriate medical expert for review. We work with a network of experts, so that an expert who specializes in the area relevant to the case can review the records. For example, in the past we have worked with radiologists, cardiologists, oncologists, surgeons, and even handwriting experts. Expert analysis may take several weeks, so we ask our clients to be patient during this process.

3. Give written notice to the liable party
After we have located an expert witness who can support our case and potentially testify, we initiate contact with the liable medical providers. If possible, we try to settle the case at this step in the process.

4. File suit and begin discovery
Because medical malpractice cases are often complex, they are more likely to go into litigation than other types of accident & injury cases. Once we file suit and go into litigation, we are able to begin the discovery process. This means we can get testimony, through depositions, from the medical providers and other people with knowledge about what happened.

5. Settle or go to trial
Once both sides have discovered as much information as needed, we try to settle the case. If we are unable to come to an agreeable settlement, then we'll go to trial. After trial, it is sometimes necessary to defend or file an appeal.

Though we do everything we can to aggressively pursue a case, the above process takes times. The more complex a case and the less willing the other side is to come to an agreement, the longer it may take - up to several years.

We handle medical malpractice cases on a contingency fee. To learn more about what a contingency fee is, click here.

If you have any questions or concerns, please call us at 480-898-9700. We'd be happy to talk to you personally about your potential case.

You can also look for additional answers on are common questions page.