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

Espanola, NM |

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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Attorney answers 6

Best Answer

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 purposes only. Readers should not act upon such material without consulting with an attorney. HEE J. KIM is only authorized to practice law in the State of California. Attorneys at MILLER WASHINGTON & KIM, LLP are only authorized to practice law in the States of California and New York, and South Africa. This information is only intended for the residents of the State of California. Nothing transmitted by HEE J. KIM or MILLER WASHINGTON & KIM, LLP, should be construed as legal advice or the formation of an attorney-client relationship. Contacting HEE J. KIM or MILLER WASHINGTON & KIM. LLP, either by email, telephone, facsimile, any form found on this site, or by any and all other means, does not create an attorney-client relationship. Any response by HEE J. KIM or MILLER WASHINGTON & KIM, LLP, or reliance thereon, does not form an attorney-client relationship. ONLY BY ENTERING INTO A WRITTEN ATTORNEY-CLIENT AGREEMENT, SIGNED BY THE ATTORNEY, IS SUCH A RELATIONSHIP FORMED.


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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


Not at all. You should ask this question of your own counsel.


Not necessarily. You need to address your concerns to your medical malpractice attorney.

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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.

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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.


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 considered within that context. In addition, my comments are not intended to create a legal representation but merely to respond to the limited facts presented by the question. Any opinion herein is not meant as a precise statement of legal rights or as a recommendation of any particular course of action. A more complete legal review can be obtained through local counsel.

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