Faq’s

Medical malpractice is when a healthcare provider makes a mistake. Doctors, as well as nurses, dentists, hospitals, nursing homes or any other person or place that works on your health can commit medical malpractice.

Some of the common mistakes involve:

• Anesthesia Mistakes
• Brain Injuries
• Cerebral Palsy
• Complications from Bed Sores
• Delays by Insurance Companies
• Dental Malpractice
• Failure to treat a Stroke
• Incorrect Medications
• Injury in Childbirth
• Misreading X-Rays or MRI
• Missed Appendix Diagnosis
• Missed Heart Attack Symptoms
• Nursing Home Abuse/ Neglect
• Plastic Surgery Mistakes

When these errors cause injury or even death, they become grounds for a medical malpractice lawsuit.

For a successful lawsuit we have the burden of showing that your doctor or nurse failed to meet the relevant “standard of care” particular to your medical treatment. The “standard of care” is how a reasonably careful doctor or nurse would have acted under the circumstances of your case. This “standard of care” changes with each type of practitioner and for each medical procedure, so what could be a violation of the standard care for one treatment may not be for another type of treatment. This leaves a lot of room for insurance company lawyers to argue against you.

The best way to establish the appropriate standard care for your case is through expert testimony. An expert is another practitioner who practices in the same area as the doctor we are going to sue. Our experts will establish what the standard of care was for your treatment and how your doctor failed to meet it, resulting in your harm.

We will make sure to find the right medical experts to testify for you and properly present your case in court. Without the right preparation your case is almost certain to fail. Don’t leave your case up to chance!

The goal of a medical malpractice case is to put you back in the position you were in before you were injured. Of course no amount of money will return your time, health or suffering. However, by zealously pursuing a legal case over what has happened to you, we can try to restore some of your dignity through obtaining a just and fair outcome and that, in the end, is what it’s all about. There are several general categories of compensation that you can get from a malpractice case.

Restitution For Your Pain And Suffering: Again, no amount of money can pay for the pain you have had to endure through your physical suffering, or through the suffering or loss of a loved one. Nonetheless, our justice system empowers us to restore to you harm sustained through suffering on a monetary basis, and it is 100% within your rights to claim that restitution.

Loss of Work: If you missed time at work because of the injury caused or worsened by negligent treatment of a healthcare provider, you are entitled to recover lost wages for that time.

Medical Bills: Whatever medical expenses you have had to pay as a result of the damage caused by the negligence of your doctor is also a component of what a malpractice award will cover for you.

Rehabilitation Therapy: The expenses incurred include, in addition to medical expenses you have paid, future rehabilitative therapies you may have to seek in order to be fully restored to the condition you were in prior to the negligent incident.

Punitive Damages: In certain cases, punitive damages are also awarded. In this case, juries award extra damages to exact retribution upon the defending party, that is, to punish them for their mistake, and discourage them from being careless to make the same mistake again.

It is almost never the doctor or even the hospital. In almost all cases the doctor’s medical malpractice insurance company pays for damages. These companies are serious opponents. The insurance companies enjoy profit margins even higher than those of most Fortune 500 companies (cite (http://www.justice.org/cps/rde/justice/hs.xsl/18002.htm)). The gross profit by the top ten medical malpractice insurance companies totals 1.5 billion dollars a year. (cite (http://www.justice.org/cps/rde/xbcr/justice/Reserving_Practices_and_Record_Profits_2012.pdf)). They go to great lengths to vigorously defend any claim brought against them or one of their doctors. They are strong and very aggressive, with deep pockets and a huge staff of lawyers on their side. This is how they maximize income, and minimize what they have to pay out. We are here to try to resist that tide, and turn it in your favor.

It is important that you arm yourself with powerful legal assistance with significant experience battling insurance companies in court.

You have a very limited amount of time to file your case.

These are strict deadlines which must be followed. If you are even one day late then you are barred from ever bringing a lawsuit against the doctor for your injury. You lose all leverage for settlement and you get nothing.

The general rule is that you have two years to file your case from the time of your injury. By the time you seek legal advice, you may not even have two years. Before a good case can be filed it needs to be properly investigated and prepared. We will have to gather documents, testimony, and consult with an expert to make sure that your case has the best chance possible.

Do not delay seeking advice if you have been injured. If you wait there is the risk that important documents or witnesses may disappear. The bottom line is do not wait to contact an attorney. Find out what we can do to help you and to see if your case is viable.

It is very hard to know. Some cases that seem very unlikely turn out to be extremely good cases in the end. That’s where we come in. We will give you a free evaluation to see whether you have a case or not.

Most clients are a bit nervous about the process when they start and have never filed a lawsuit before. We are here to guide you through the system using our experience and knowledge we have gained helping hundreds of other people seek justice.

All consultations are completely free and in no way obligate you to commit to our lawyers. There is no risk in calling and learning more about how our law firm may be able to pursue a medical malpractice case on your behalf. We pride ourselves on being straightforward and honest about your situation, and will explain whether or not we believe we can recover compensation for you.

We understand that you may be unsure about what to expect by contacting us. We are going to make the evaluation as easy and efficient as possible for you. There is no reason to feel any anxiety; all consultations are completely confidential. We are here to guide you through the legal process with a commitment to attentive, personal, and considerate care.

During the initial consultation, you will have a chance to explain your situation, share your concerns and let us answer any questions you have. We will let you know your legal options, and if we may be able to help you pursue a lawsuit. In every case, we try to be straightforward as to whether we think we can or cannot help you with your claim.

Some people feel more comfortable meeting face-to-face, some prefer to speak on the phone. We are happy to set up an appointment in one of our offices and we can even arrange to come to your home or hospital if you need us.

There is no charge for this consultation, so you truly have nothing to lose by calling to learn about our legal services. Even if we accept your case, there are no costs to you until we recover compensation for your loss.

For now, nothing. If you have any records that is great, but for now you just need to bring your story. Our first step is to listen to you. During the initial consultation, you can explain your situation, share your concerns and have us answer any questions you have. Once we establish how we can help you then we will move on to determining what sort or records to get, what doctors to see and what step to take next. We can then start working on your behalf to obtain and organize your case to prepare you for trial or whatever it will take to get you what you deserve.

Your initial case evaluation is free. Furthermore, we work on a contingent fee basis, meaning you pay nothing unless you win. Our fees are based on a percentage of the final outcome.

This arrangement enables you to pursue your medical malpractice lawsuit without risking financial resources up front. If you have a real claim, there is nothing that should stop you from trying to obtain compensation.

To learn more about our contingency fee basis or for a free consultation with an attorney, call us at (888) 899-9919 or fill out our Free Online Case Evaluation now.