Medical Malpractice Litigation: Defending Against Claims of Negligence & Medical Error

Attorneys at The Van Winkle Law Firm work with healthcare providers and allied medical professionals to defend against claims of negligence and medical error, as well as investigations and disciplinary proceedings by their respective licensing boards. In matters alleging these claims, we guide clients through emotionally charged lawsuits and other legal proceedings, navigating the process with a well-organized, competent defense.

An accusation of medical malpractice strikes at a healthcare provider’s core. The medical malpractice defense attorneys at The Van Winkle Law Firm understand the emotional impact these claims have on everyone involved. During a time when one may otherwise feel completely alone, our team will stand by and help guide them through a complex legal system. Our end goal is always to protect our clients’ interests while limiting the cost and time of litigation. We continually look for ways to accomplish this goal, including through alternative dispute resolution, negotiated settlements when appropriate, or trial.

Van Winkle Law Firm attorneys have access to an extensive network of medical experts and witnesses who are available based on the case at hand. Our attorneys also use a full range of technology and all accessible resources to build the strongest defense possible for our clients.

The Van Winkle Law Firm defends against all types of medical malpractice claims, including delayed diagnosis; failure to diagnose; failure to treat; medical error; and surgical negligence. A claim of medical malpractice has many facets, including the standard of care and/or practice, proximate cause, and damages. These require a thorough understanding of the medicine involved, the law, and the relationship between the two.

Our understanding comes from years of hands-on experience defending healthcare providers throughout the region, including North and South Carolina. Litigation attorneys at The Van Winkle Law Firm regularly defend clients in both state and federal courts.

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Defending a Medical Malpractice Claim

Our litigation attorneys defend against all types of medical malpractice claims, including the following.

  • Delayed Diagnosis
  • Failure To Diagnose
  • Failure To Treat
  • Medical Error
  • Surgical Negligence

A claim of medical malpractice has many facets and nuances which require a thorough understanding of each area. These areas include standard of care, alleged breach, proximate cause, and resulting damages. To properly defend against medical malpractice claims, litigation lawyers must have an extensive understanding of the standard of care, legal duties, and ethics that surround medical professionals. The Van Winkle Law Firm has access to an extensive network of medical experts available, and our attorneys use a full range of technology and all accessible resources to build the strongest defense possible for our clients.

The Steps Of Medical Malpractice Defense

Throughout the case, parties will have certain obligations to the case to communicate and present evidence. While experienced defense attorneys will manage all elements of the case, as the defendant you will be involved in the following steps. These steps, open communication, and cooperation with your defense team will help the case move forward successfully.

  1. Comprehensive Consultation. At the beginning of the case, we need our clients to tell us a detailed account of the incident in question and the treatment provided.
  2. Discovery. Both sides will request and submit interrogatory questions and documents. The client and attorney will work together to complete and submit the required information.
  3. Deposition<. In a deposition, the subject will answer questions under oath that will serve as evidence in the case.
  4. Trial. If the case goes to trial, both parties will need to be present. In many cases, the defendant will need to testify in front of the jury.

How Our Litigation Attorneys Can Help

Our understanding comes from years of hands-on experience defending health care providers throughout North Carolina against medical malpractice claims. Though these cases may last several years, our clients are kept up-to-date with regular and open communication from their attorneys. The Van Winkle Law Firm is a full-service law firm which means our clients can count on teamwork from all our Asheville attorneys and staff; working together to protect our clients.