Should You hire an attorney?
You will need an attorney because medical malpractice cases are very complex, difficult and expensive to pursue. It is rare for a healthcare provider to settle a malpractice claim early. You should expect the physician or hospital to hire an attorney who specializes in defending medical malpractice claims and who will vigorously defend its client's position and counter allege any number of alternative theories irrespective of the facts surrounding the case.
Considerations The Attorney Will Make:
There are many variables that enter into a decision to pursue legal remedies. For example,
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Is it economically feasible to pursue the case;
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Does the firm have the time and resources to devote;
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What will be the risks involved. For instance, the risk that the jury will find for the defendant. The statistics are that 7 out of 10 times in a medical malpractice case, the jury will find for the defendant health care provider. Juries typically award less to adult children who pursue a claim on their parent's behalf and will be less likely to win an award than a spouse who pursues a claim.
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What was the previous lifestyle and health of the plaintiff/decedent prior to the medical malpractice claim;
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How complicated is the case;
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Prevailing juror perception/bias; and
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The valuation of damages.
This process is such an emotional time for the Plaintiff or the family of the decedent and oftentimes, when the attorney declines to accept a case, there is anger, misunderstanding and disbelief on the part of the person pursuing the possibility of a claim. Medical Malpractice is complicated to prove, the risk is completely assumed by the attorney who will spend from $50,000 to $250,000 and more to pursue the case. From that perspective, the amount of damages that can be reasonably expected, the difficulties of assuming the burden of proof, and the expenses necessary to bring the case to trial must be weighed by the attorney, among many others; regardless of the unfairness of the situation the spouse/family are immersed in.
The process of considering acceptance of a case, includes the following:
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Organizing and evaluating the medical records;
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Nurse consultants and Attorney review medical records and compose synopsis for review;
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Medico-legal research and investigation;
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Damages research based on similar cases/settlements;
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Expert(s) opinion(s)/review(s);
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Assess theories and viable defenses; and
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Evaluating how a jury/fact finder will perceive the matter.
This process can take up to six (6) months (possibly longer) for the review, investigation and decision.
How Long Will It Take To Resolve My Malpractice Case?
The case could possibly take from one (1) to four (4) years. The average is a little over two (2) years. No attorney can promise you how long your specific case will take because s/he cannot predict how the defendants will respond or what delays may or may not be encountered along the way.
What Are My Responsibilities?
Give your attorney a truthful and candid recitation of the facts surrounding your case. An attorney can only help a client when there has been full disclosure. Promptly notify the attorney of changed circumstances.
Give him or her prompt responses to reasonable and necessary requests. Once we reach the discovery phase of the case, there are timelines to meet and this includes numerous interactions between the attorney and client(s).
Understand that the attorney has many other clients and that other clients are equally deserving of the attorney's time and efforts.
Immediately notify your attorney if you change your address or phone number.
Once a case is filed, Discovery will be the next stage. Click here to read more about discovery.
Related Links -
Birth Injury Information Center
Medical Malpractice Information Center
Birth Injury Information - Arizona
