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Anatomy Of A Successful Medical Malpractice Claim

What should you do if you have been injured because of a doctor’s negligence? Don’t expect the hospital or the doctor’s medical insurance to take care of you. Over the past several years, medical insurers have had much success protecting themselves against lawsuits.

When you talk to an experienced medical malpractice claims attorney at Winckler, Harvey & McConnell, LLP, we will explain the process clearly and help you understand your options for pursuing a lawsuit.

What You Have To Prove

To prevail in a medical malpractice lawsuit, you will need to show that your doctor was negligent, and this negligence caused you harm.

Negligence means failing to exercise the degree of judgment, diligence and professionalism as a similar care provider in the same field or specialty. In legal terms, this means a failure to uphold the applicable standard of care. Establishing this standard will always require involving medical experts in the appropriate field.

Understanding The Process

Every case of medical negligence is unique to the specific evidence and circumstances, but there are some processes that are common to every case. We are proud of the attention to detail we take at every step.

The First Step — Free Consultation

We begin by talking with you and your family in an initial free consultation. It’s important that we are given every detail that can be recalled about the situation that gives rise to your claim. We then start collecting medical records and investigating whether you have a legitimate cause for a lawsuit. Medical negligence often extends beyond the hospital and may go as far back as your primary care physician missing an important symptom months earlier.

Uncovering Evidence And Consulting With Experts

If we find evidence that supports an allegation of negligence, we consult with medical experts to weigh the records against the standard of care and how the negligent act may have caused the health condition to become worse. Using top medical experts in their specific field is key to our success. Our qualified experts are doctors and nurses with different backgrounds, depending on the needs of your case.

The first step after filing a lawsuit is called the discovery stage. During discovery, you will tell your side of the story in what is called the plaintiff’s deposition. The doctor or health care provider will give a deposition telling their side as well.

Pursuing A Favorable Settlement (Or Going To Court If Needed)

As cases progress through discovery and proceed to the trial stage, most courts order attorneys on both sides to do everything possible to reach a full and fair settlement. The negotiating stage often takes the longest, as insurance companies position themselves to disprove your injuries and de-emphasize your financial damages.

In the vast majority of medical malpractice lawsuits parties reach a settlement, without the need of a jury trial. If the case is not settled, the attorneys at Winckler, Harvey & McConnell, LLP, are experienced and proficient at presenting your case in court.

Your Lawyer’s Experience Makes A Difference

At every stage of the lawsuit, your attorney will call on experience, legal knowledge and negotiating skills to position your case and fight for the recovery you deserve.

If you think you have a claim against a medical professional, we invite you to contact our offices in Austin, Texas, for a free consultation.


Mr. Winckler, I just wanted to tell you how much I appreciate all that you and your law firm did for me. I finally have closure on a pain that occurred 6½ years ago and that means a lot to me…
Tom & Family

Thank you Law Firm of Winckler & Harvey and all associated with our case. We are the utmost appreciative with all your dedication, time and hard work. Truly there are no words that can express our thanks…

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