Medical Malpractice FAQ's
Frequently Asked Questions: Medical Malpractice
Related links: Medical Malpractice Legal Information.htm
What is presuit?
Prior to filing a medical malpractice action, our firm must gather all pertinent medical records and have them reviewed by a qualified medical expert. If the expert believes that medical negligence occurred, then a Notice of Intent is prepared outlining the negligence and damage issues in the case. An affidavit from the expert is attached to this Notice of Intent. The defense then has 90 days to investigate the claim. Both sides are permitted to take unsworn statements and obtain information concerning the case. At the conclusion of 90 days, the defense can either settle the case, offer to admit liability and proceed to arbitration on damages, or deny the claim. The vast majority of cases are denied. Then a lawsuit is filed.
How long will it take to resolve my case?
The typical medical malpractice case takes between 1 and 2 years from the date the complaint is filed to get resolved.
How much will it cost to prosecute the case?
Medical malpractice cases are expensive to litigate. It typically costs between $40,000.00-$75,000.00 to litigate these cases.
Why is a doctor not automatically responsible for my damages when a surgery or medical procedure does not go well?
In order to prevail in a medical malpractice action, the plaintiff must prove that the doctor or other health care provider was negligent. A bad outcome in a surgical procedure does not necessarily mean that the doctor was negligent. In order to prove negligence, it must be proven that the outcome was not a reasonably foreseeable complication of the surgery or procedure.
What is a deposition?
Once a lawsuit has been filed, the defense is entitled to take the depositions of the plaintiff and other persons possessing knowledge relevant to the case. It is a sworn statement under oath concerning the issues of the case. It is normally conducted in one of the lawyers’ offices without a judge being present. The testimony is then recorded on paper and can be used in the trial of the case.
What is a mediation?
A mediation is a settlement conference which takes place prior to a case proceeding to trial. Each side appears with their lawyer and before a person known as a mediator. A mediator is often a retired judge or a lawyer practicing in the community. Both sides present their cases to the mediator. All information contained in the mediation conference is confidential and cannot be used in trial. If the parties are unable to settle the case during the mediation, then the case proceeds to trial.
Why won’t an attorney take my case even though the doctor was clearly negligent?
We are unable to take every case involving medical negligence. These cases are very expensive to handle and oftentimes the costs of litigating the case will be more than the damage caused by the negligence.
Will there be a jury trial or settlement?
The majority of medical negligence cases are settled. However, it is important that your lawyer have a proven record of trying cases, since the insurance companies will not settle the cases favorably if they do not believe your lawyer will try a lawsuit.
Will I be responsible for anything if we lose?
If we are unsuccessful in prosecuting your case, you will not be responsible for any of the costs incurred. You only become responsible for costs if we win the case.
Do you represent doctors and hospitals?
Our lawfirm only represents injured persons. We do not represent any doctors or hospitals in medical negligence actions.
