By admin on April 18, 2012
Yes!
There is a “Statute of Limitations” when it comes to filing a medical malpractice lawsuit. The length of time varies and depends on the type of lawsuit and the laws of your local jurisdiction.
When it comes to medical malpractice lawsuits, you find an attorney and file as quickly as possible (if your attorney feels you have a strong case) to ensure the statute of limitations does not expire.
Many patients experience negligence during their hospital stay and since they have no immediate ill effects from the treatment, they see no reason to file a lawsuit. Unfortunately, some tend to experience issues later on after the statute of limitation has expired and can no longer legally do anything to help their situation. So again, it is very important to file quickly!
Posted in Malpractice Questions | Tagged how long do I have to file, medical malpractice, statue of limitations, statute of limitations
By admin on March 31, 2012
One question everyone has after receiving negligent care from a doctor or hospital is “should I sue”?
You should first ask yourself the following questions:
- Did you or are you going to suffer lasting damage due to the negligence?
- Could the doctor or hospital have done anything differently to avoid causing the negligence?
If you can answer “Yes” to either of the above questions, you should speak to an attorney that specializes in medical malpractice.
Where can I find a reliable medical malpractice attorney?
Find the right attorney for your malpractice case is important. Some expect a large portion of your settlement, so you should ask several questions to any you may consider using, such as:
- What percentage of the settlement they expect?
- Do they settle on the first offer?
- What types of fees are associated with their services?
- How much experience they have in handling medical malpractice cases?
- Do you pay if you do not win the case?
Most attorneys can tell you upfront whether or not you have a strong case and the chances of success. Although every attorney is different and experience levels vary, most lawyers that specialize in malpractice tend to focus in that specific area of the law and are successful. If you find the attorney is a “Jack of all trades” when it comes to the areas they practice, you should steer clear of them.
Should I settle or go to trial?
Settling is usually the best way to go unless the insurance companies and the hospital are trying to settle for an amount you feel is not sufficient. Keep in mind, going to trial can be time consuming and also expensive and most attorneys will avoid it at all costs and discourage you from doing so. The reason is because like any trial, your fate is in either the judge or the jurys hands and don’t forget, the doctors and hospitals have good attorneys too!
Arranging an appointment with an attoryney to discuss whether or not you have a case usually doesn’t cost anything, so the best thing to do is to contact several attorneys and meet with each and go with the one you feel most comfortable with!
Posted in Malpractice Questions | Tagged should I file a lawsuit, should I go to trial, should I settle, should I sue