Medical Malpractice
Each area of the law has its own peculiarities. Medical malpractice is no exception. To prevail in a medical malpractice suit, it is very important that you choose your cases carefully. Although many malpractice cases end with settlements, even settlement is based upon how both sides expect a jury to perceive the case. Medical malpractice cases tend to be hard-fought and, if the case is questionable enough that the doctor or hospital is willing to go to trial, healthcare providers win much of the time (some say as much as 90% of the time).
Our firm, because of the medical and surgical knowledge it possesses, and its record of success, receives many calls from injured patients. Many times they are looking for answers; possible litigation is a secondary consideration. We consider it part of our duty to provide screening of cases and we attempt, in each instance, to make certain the injured person or her family understand what happened. We promise honesty. We also screen medical malpractice cases for other attorneys who call us to help them. Many of our cases come to us from other law firms who look to us for expertise in cases with medical issues.
Medical malpractice cases require the injured person to prove that his treatment was not proper or reasonable. The law requires that such proof be given in the form of expert testimony from other doctors of similar training and experience. Finding doctors willing to stand up in court and accuse the defendant doctor of malpractice is difficult. But it is not impossible given a strong set of facts. Because of our ability to find doctors and nurses to testify, we are frequently called upon to develop cases for other lawyers.
Medical malpractice cases are costly in terms of time and money. The simple case may cost more than $30,000 and require several hundred hours of attorney time. We take medical malpractice cases on a contingency basis, meaning that we take a percentage of the award or settlement. The percentage we take varies with the kind and difficulty of the case and applicable state law. Because of the difficulty of medical malpractice cases and their expensive nature, we must wisely choose the cases we agree to litigate.
What we look for in a potentially winning medical malpractice suit:
1. A deserving, cooperative client whom a jury would want to compensate.
2. A case with hard facts proving that the doctor acted negligently.
3. Facts that are simple enough to present to a jury. Some medical malpractice cases are so complex that only a trained doctor or nurse could understand them. Some of those cases can be simplified, others not.
4. Permanent injury.
5. Provable "damages" sufficient to warrant the huge outlay of time and money such cases require.
Our firm takes a relatively small number of cases, which makes it possible for us to concentrate our effort on each case. Our clients usually have been injured catastrophically and will require support for the rest of their lives. We take some cases on behalf of the estates of persons whom we believe have died wrongfully.
We will be happy to hear from you if you believe you have been seriously injured by the acts of doctors, nurses, hospitals, chiropractors, podiatrists or other healthcare providers. The initial consultation is free. You may be asked to participate in the expenses thereafter depending on the nature of the case and your ability to help pay the costs. We often advance the costs of litigation.
We will be happy to hear from you if you believe you have been seriously injured by the acts of doctors, nurses, hospitals, chiropractors, podiatrists or other healthcare providers. The initial consultation is free. You may be asked to participate in the expenses thereafter depending on the nature of the case and your ability to help pay the costs. We often advance the costs of litigation.