Medical Malpractice
The
Weisman, Goldberg & Weisman law firm has had a special concentration in the
area of medical malpractice for over 35 years.
In order to pursue a medical malpractice action, we must
be able to prove that the doctor, hospital or other health care provider fell
below the accepted standard of care. It must then be established that the
substandard care caused the harm or injury claimed. The substandard care and
causation must generally be established by expert testimony. Even though a
doctor or hospital may have provided substandard care, there is no cause of
action if it cannot be established that the injury or damage was the result of
the substandard care. Because such expertise is required, and since most
malpractice cases require several experts or more, the injuries and damages, as
a practical matter, must be substantial to justify the cost of litigation.
The following is a brief description setting forth how the
typical medical malpractice case proceeds from beginning to end:
We initially meet with the client(s) to obtain detailed
information about the client's background and facts of the case. At that time,
we have the client sign authorizations permitting us to secure all of the
relevant medical records. A contingency fee contract is signed setting forth
attorney fees upon recovery. There are generally no fees, if no recovery is
made.
Once the medical records are received, one of our two
nurse paralegals reviews the records and prepares a summary which preliminarily
identifies all issues. Thereafter, when justified, contact is made with a
medical expert or experts to determine whether the case has merit relating to
the quality of the care received and the necessary causal connection.
If the expert is unable to testify that the care fell
below standard, and/or that the injury was the result of substandard care, the
client is generally advised not to pursue the matter. Some clients may wish to
seek a second opinion from a new expert. On the other hand, if we are able to
establish substandard care and the necessary causal connection, the client is
advised to proceed with litigation, and a lawsuit is generally filed at that
point.
Once the lawsuit is filed, depositions are taken of the
medical care providers involved, and the plaintiff's deposition is taken as
well. The court sets forth a schedule for the completion of all discovery,
exchange of expert reports, and a trial date. Complex medical malpractice cases
may involve dozens of depositions of parties as well as expert witnesses.
Once all discovery and depositions are completed, there
may or may not be settlement discussions. If the case is not settled, it will
ultimately proceed to trial. At trial, a jury of eight individuals decides
whether plaintiff has proved, to a probability, the negligence of the
defendant(s) and whether such negligence caused the injuries complained of. If
the jury decides that there was negligence and causal connection, they must then
decide damages and award an amount of money to compensate plaintiff(s). If the
jury decides there is no negligence and/or causal connection, the defendant(s)
prevail and there is no compensation.
Most patients receive wonderful medical care. However, a
small percentage of patients receive substandard care when their doctor or other
medical care provider isn't careful or may not be paying close attention to the
patient. The result of such inattention can be devastating, resulting in serious
and permanent injury, or even death. Under such circumstances, the law provides
for full compensation for the harm caused.
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