The lawyers at our Law Offices have helped those both young and old who have suffered as a result of a doctor’s negligence.
Medical malpractice cases require a certain expertise. The attorney representing you must be knowledgeable not only in the law, but also possess an in depth understanding of human anatomy and physiology.
The best medical malpractice lawyers will tell you that they turn down far more cases than they accept. These cases are intricate and require significant time and expense. Once you contact us, we will take a very close look at your situation and give you honest feedback about the merits of your claim.
Medical malpractice is essentially an action for negligence that is brought against doctors, and other medical professionals, when their conduct falls below the standard of care of a reasonable practitioner.
In addition to violating the standard of care, the violation must result in some sort of injury to the patient. This is known as “causation.”
Medical malpractice is a larger problem than you might expect. A Harvard Medical Practice Study suggests that 80,000 people die in the United States each year due partly to medical malpractice. Many more are seriously injured.
Once an attorney meets with you and decides to conduct a full investigation of your case, all of the relevant medical records should collected and inspected by both a lawyer and a medical professional. The most important documentary evidence in a medical malpractice case is, naturally, the set of records that accompanied your treatment. Unfortunately (and to the surprise of many), we’ve encountered records that have been altered after the fact. It is vitally important to collect your records as soon as possible.
Upon completion of the record review, law requires that an outside expert, qualified to testify in your case, examine your file and state under oath that she believes the case has merit.
At that point, the claim may either be submitted to the doctor’s insurance company for settlement purposes, or a lawsuit filed.
While awaiting trial, each side engages in a process called “discovery.” During this time, information is exchanged in writing and by way of oral deposition testimony.
Quite often, cases settle during this stage of the process.
If your case does not settle, it is resolved in a trial. The trial will involve the testimony of yourself, witnesses on your behalf, such as family, friends, and co-workers, and expert medical professionals who will discuss the improper conduct of the treating medical professional. Jurors will be asked to hear your case and render a decision.
Because of the high costs involved in pursuing a medical malpractice claim, the complex medical issues that are involved, and the relative standing of medical professionals in the community, each case must be carefully examined and balanced before a claim is brought.
The factors for consideration include: whether there, indeed, was a deviation from the treating professional’s standard of care; how significant the deviation was; whether the deviation actually resulted in harm to you; the reputation of the treating professional; whether money damages may be proven, and in what amount; the costs involved; and, of course, whether an expert may be obtained to confirm that the treating professional acted negligently.
Respectable malpractice attorneys will only take cases they believe have merit, and will front all expenses associated with pursuing the claim. Then, at the conclusion of your case, the lawyer will receive a percentage of any recovery and have expenses reimbursed. This is called a “contingency” arrangement. On the other hand, if you recover nothing, you owe us nothing. It’s as simple as that.
Some law firms charge a higher percentage if a case goes to trial. We don’t. Our fee remains one-third of any recovery obtained through negotiation, mediation, arbitration, or trial.
No reputable lawyer will promise you anything up front. It is simply impossible to offer a specific dollar figure. At best, an attorney may be able to gauge the severity of your case and offer a range of recovery based upon their experience.
There are literally dozens of factors that play a role in your recovery. A few of them are discussed below.
At the onset, no demand should ever made until the full extent of your injuries is known and you have had adequate time to recover from them. You only get one chance at resolving your claim.
Unfortunately, many clients do not ever recover, and their injuries are permanent in nature. A permanent injury is valued much higher than a temporary condition, usually.
Another aspect of compensation involves who the insurance companies are. Some companies will negotiate in good faith and make meaningful offers to settle claims. Others, however, will attempt to pay out as little as possible and make injury survivors fight for every dollar. The latter is much more typical, and can result in a lower net recovery to you.
Finally, one of the golden rules in injury cases is that “a case is worth what a jury says it’s worth.” Juries today are very unpredictable. Every client has a story to tell. The best way to receive fair compensation for your loss is to retain a skilled advocate to explain your circumstance to six ordinary people who serve as jurors.
In , the statute of limitations for medical malpractice cases is four years from the date of the discovery. In other words, you have four years to file suit or your claim is forever barred. Most cases that have merit are filed much sooner.
There are more than 1.6 million nursing home residents in the United States and over 17,000 care facilities. As the baby-boomers age over the next few decades, those numbers are expected to triple. Nursing home abuse is becoming far too common. And it is unacceptable.
Nursing home residents deserve to live with respect, dignity, and with as much comfort as possible. Nursing homes often fail to provide appropriate care, fail to notice and treat problems with the residents, or fail to address nutritional needs. When residents suffer serious injuries or death from such conduct, it is only appropriate to hold the care facility accountable. We’re here to help.
Signs of Nursing Home Abuse
The signs of injury to a loved one may not be obvious nor result from physical violence. Abuse and neglect in nursing homes has involved sexual abuse, abandonment, extortion, emotional abuse and poor nutrition. Families must carefully question nursing home staff if they find unusual bedsores or bruising, the appearance of sexually transmitted disease, changes in attitude or appetite, withdrawal, sudden weight loss, unexplained fear or paranoia.
Call us today schedule a free consultation. Protect your rights in a nursing home abuse lawsuit.
Remedies Beyond Nursing Home Abuse Lawsuits
Our Texas nursing home abuse lawyers are dedicated to holding nursing homes and other assisted living facilities accountable to the their residents – and to the state and federal government. Our lawyers aggressively pursue all civil remedies available to a nursing home abuse victim (and their family), along with reporting the mistreatment to local law enforcement for criminal prosecution.
Free Consultation with a Nursing Home Abuse Lawyer
Have you or a loved bone been injured through nursing home abuse? Call and schedule a free consultation with our attorneys to discuss your nursing home abuse case. We’ll meet at a location convenient for you – whether at your home, work or hospital.
Client Testimonial: “This Law Offices was wonderful to work with. They helped us through a very difficult time. They took the time to listen, answer all our questions and put our minds at ease. They gave us all our options and helped us to make the best decisions for our case. We would highly recommend her law firm.”