How do I find out if my child has a medical malpractice
case?
Is there a time limit on bringing a malpractice
claim?
How much will I have to pay to hire a lawyer?
Will my case settle?
Can my medical malpractice case be tried without
an expert?
When should I contact a lawyer?
How long will it take my case to be resolved?
Have I waived my right to a trial because I
signed a medical consent form before giving birth?
How do I find out if my child has a medical malpractice
case?
The best way to tell if you have a case is to hire an experienced
medical malpractice and pharmaceutical liability law firm to examine
the medical care you received. If you suspect you or
your child did not receive the proper care, please have your case
evaluated.
Is there a time limit on bringing a malpractice
claim?
Yes. Each state has its own statute of limitations establishing
a deadline to pursue a malpractice claim. These limits vary greatly
from state to state, and often are affected by whether the injured
party is an adult or a minor, or whether the negligence was caused
by a private health care provider or a public entity.
How much will I have to pay to hire a lawyer?
Most personal injury attorneys operate on a contingency fee basis. This means
that the fee is based on a percentage of the recovery won for
you.
Will my case settle?
Many medical negligence cases settle prior to trial; however, your goal should not be mere
settlement. Your goal should be to obtain that sum of money which
fully and fairly compensates you and your child for your injuries.
To meet that goal requires aggressive representation. From the beginning,
your attorneys must investigate and pursue your claim with an eye
toward presenting the strongest possible case before a jury. Only
when the negligent doctor and hospital know that your attorneys are
able to win a major verdict against them will you be able to obtain,
through settlement, the compensation you deserve.
Can my medical malpractice case be tried without
an expert?
No. All medical malpractice cases — especially those
involving the complex nature of Cerebral Palsy — require medical
expert testimony. Your experienced malpractice lawyer will find and
provide the highest quality of legal assistance in obtaining an expert
for your case.
When should I contact a lawyer?
You should speak to a lawyer as soon as you suspect or know
that the possibility of medical malpractice is present. There are
statutes of limitations involved with every medical malpractice case.
How long will it take my case to be resolved?
There is simply no easy answer to this question. The vast
majority of all cases, including medical malpractice cases, are settled
before trial. A medical malpractice case, if litigated to trial,
could last a number of years. One who pursues a medical malpractice
case should understand from the outset that a quick resolution cannot be guaranteed.
Have I waived my right to a trial because I signed
a medical consent form before giving birth?
No. A consent form does not give the health care provider
a license to commit malpractice. While the execution of a typical
consent form indicates acknowledgement of stated risks and complications
associated with a given treatment or procedure, it does not relieve
the health care provider from his or her duty of meeting the standard
of care associated with such treatment or procedure or in obtaining
such consent.
