In each personal injury claim against a health care provider, a plaintiff must file an offer of proof. Based upon this offer of proof, a tribunal will decide whether the plaintiff presented sufficient evidence for the litigation to continue.
What is Included in an Offer of Proof and What is the Filing Timeline?
An offer of proof is a document filed in court that demonstrates that: 1) the defendant and plaintiff had a clinician-patient relationship; 2) the defendant’s conduct did not conform to good medical practice; and 3) the plaintiff suffered damages as a result of the defendant’s failure to conform to good medical practice.
To properly file an offer of proof, the plaintiff must file it within 15 days after the defendant files their Answer to Plaintiff’s Complaint. The document typically includes a description of the parties, a brief description of the case and the events involved that constitute malpractice with relevant portions of medical records attached, a medical expert’s opinion as to why the case does involve malpractice, and a statement of relevant law. It must present a legitimate question of liability appropriate for the tribunal to consider.
What Happens if the Medical Malpractice Tribunal Finds for the Defendant?
If the tribunal finds that the plaintiff has not met their burden of proof and finds for the defendant, then the plaintiff must file a $6,000 bond to continue the lawsuit. Should the plaintiff not file the bond within 30 days, the lawsuit will be dismissed.
SUGARMAN attorneys have decades of experience advocating for injured persons to ensure they recover maximum damages. If you or a loved one has suffered injury as the result of an accident, you may be entitled to compensation. To learn more, speak to one of our medical malpractice attorneys today by calling 617-542-1000 or email us at info@sugarman.com.