Few cases are more emotionally charged than those involving medical malpractice. This is because innocent victims of medical malpractice suffer at the hands of the very people trusted with their health, and often times their lives. We all know doctors and other health care providers are human and, therefore, capable of making mistakes. However, when a mistake is the result of a health care provider’s deviation from the accepted standard of care, and the deviation causes injury or death, medical malpractice may have occurred.
It has been reported that approximately 44,000 people die in the United States every year due to medical malpractice. A 2000 Institute of Medicine report estimated that medical errors are estimated in about 44,000 and 98,000 preventable deaths and 1,000,000 excess injuries each year in U.S. Hospitals. Another study showed that in 2000, 2001 and 2002 an average of 195,000 patients died each nationwide during Medicare hospital admissions. If correct, this means that every year in the United States, more people die from negligent doctors and other health care providers who fail to render the appropriate level of care than from guns, AIDS, breast cancer or automobile accidents.
When patients are severely injured, or killed, because of medical malpractice, it is imperative that the offending doctor or health care provider be held accountable for their negligence. Accountability is most often had through the courts.
Examples of Medical Malpractice
- Misdiagnosis or Failure to Diagnose
- Surgical Mistakes
- Birth Injuries
- Anesthetic Errors
- Prescription and Medication Errors
- Failure to Provide Informed Consent
- Unsanitary Environments Causing Infection or Other Illness
- Delay in Diagnosis and/or Treatment
- Nursing Home Neglect/Abuse
- Pressure Sores/Ulcers
If you or a loved one has been injured because of medical malpractice we welcome the opportunity to speak with you and explain how we may assist you in receiving compensation for your injuries, lost wages and related damages.
Medical Malpractice Q&A
Q. What do you do to determine if I have a medical malpractice case?
A. Pre-suit is a term used by the legal profession to determine the viability of a potential case. What this means is that before a law suit is filed, our medical malpractice lawyers must collect any and all pertinent medical records to be reviewed by a qualified medical expert. After reviewing the evidence and medical records, if the medical expert determines that medical malpractice occurred, a notice of claim is prepared and forwarded to the responsible party or parties. The reviewing expert will prepare a report that outlines the medical negligence and damage in the case. A demand can be made on the responsible party to attempt a pre-suit settlement; however, in most instances, the demands are denied, and a lawsuit must be filed in a court of competent jurisdiction.
Q. How much money will my medical malpractice case cost, and who will have to pay these costs?
A. A large amount of research is required and many experts may be utilized in a medical malpractice case. The amount of money required to litigate can be very significant. An average case may cost $20,000 to $30,000. A complicated case could cost in the hundreds of thousands of dollars. Remember that your case is unique and very important to our medical malpractice lawyers. The full extent of the costs will not be known until the case is resolved. Schorr Law Firm will advance the costs for your case, and will recover the costs only if there is a successful settlement or verdict. You will be required to pay the firm for costs only if you get a recovery by settlement or verdict – and the costs will come out of your recovery.
Q. Will my medical malpractice case go to trial?
A. Our medical malpractice lawyers will work to achieve the best possible result for you based on the information we gather about your case. If your case will achieve a better result from a settlement, we will work toward a reasonable settlement. If your case would best be resolved in trial, we are fully prepared to proceed to trial with the most serious of cases, because we are working together with you, your input on how to proceed will be of utmost importance.
Q. Is mediation an option and if so what does it entail?
A. Yes. Mediation will take place prior to the case proceeding to trial. Each side appears with their lawyer before a mediator, whom is often an attorney practicing in the community or a retired judge. Both sides will present their case to the mediator. The mediator will then try to get both sides to agree to a settlement. If the both parties cannot settle the case during mediation, the case then proceeds to trial. All information contained in the mediation conferences is confidential and cannot be used in trial.
Q. How long will it take to resolve my medical malpractice case?
A. It is impossible to provide an accurate description of the amount of time a case will take to resolve. An average case may take approximately one to two years to resolve after a lawsuit is filed depending on the complexity of the issues involved and the trial court‘s docket. From start to finish, our medical malpractice lawyers will fight aggressively and diligently for your legal entitlements and will continually push for resolution throughout representation.
Q. What is my next step?
A. If you have a possible claim against a hospital or medical professional, the medical malpractice lawyers at Schorr Law Firm are ready to help you. Speak with one of our experienced attorneys today. Call 1-866-9 DFW LAW for a complimentary consultation with one of our lawyers.
Please contact us so that we can start helping you today!
We always handle medical malpractice cases on a contingent fee basis, so no matter how complex the case becomes, there is no fee unless we recover compensation for you.