Medical Malpractice trial date has been scheduled does it mean we positively go to trial?

Asked 5 months ago - Espanola, NM

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We have a medical malpractice wrongful death case that has been filed, interrogatories and depositions have been taken and we have medical experts. A trial date has been scheduled 9 months from today. Does this mean it is positively going to trial?

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  1. Contributor Level 11

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    Answered December 10, 2012 18:14. No - it can settle amicably at any point before then, assuming both parties are willing.

    (510) 343-6219. Special education & personal injury attorney. All responses are provided for informational... more
  2. Contributor Level 15

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    Answered December 17, 2012 10:13. There is also the question of mediation and whether the judge will want to see if a settlement is possible before trial. Your best bet is to ask these question to your attorney.

    I am licensed in New Mexco and Pennsylvania, and therefore any discussion of issues related to other states must... more
  3. Pro

    Contributor Level 16

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    Answered December 10, 2012 18:54. Not at all. You should ask this question of your own counsel.

  4. Contributor Level 20

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    Answered December 10, 2012 18:15. No. A case can be settled the morning of the trial.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  5. Contributor Level 20

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    Answered December 11, 2012 13:11. Not necessarily. You need to address your concerns to your medical malpractice attorney.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  6. Contributor Level 6

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    Answered December 13, 2012 11:20. Just for your reference, only about 3%-5% of cases actually make it to full trial, and tat includes many cases that settle the day or the trial and I have settled cases after they have begun. Just be prepared to go through with the trial, but it might settle before that ever happens.

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