How
do I find out if my child has a medical malpractice
case?
Is there a time limit on
bringing a malpractice claim?
How much will I have to pay to
hire a lawyer?
Will my case settle?
Can my medical malpractice case be
tried without an expert?
When should I contact a
lawyer?
How long will it take my case to
be resolved?
Have I waived my right to a trial
because I signed a medical consent form before
giving birth?
How do I find out if my
child has a medical malpractice case?
The best way to tell if you have a case is to hire
an experienced medical malpractice and
pharmaceutical liability law firm to examine the
medical care you received. In addition, if you
suspect you or your child did not receive the proper
care, please have your case evaluated.
Is
there a time limit on bringing a malpractice
claim?
Yes. Each state has its own statute of limitations
establishing a deadline to pursue a malpractice
claim. These limits vary greatly from state to
state, and often are affected by whether the injured
party is an adult or a minor, or whether the
negligence was caused by a private health care
provider or a public entity.
How
much will I have to pay to hire a lawyer?
Nothing. We operate on a contingency fee basis. This
means that our fee is based on a percentage of the
recovery we win for you. We have such confidence in
our team of experienced malpractice attorneys and
medical professionals that we advance the expenses
necessary to pursue a medical negligence case at no
risk to you.
Will
my case settle?
Most medical negligence cases handled by the MedLaw
Legal Team settle prior to trial; however, your goal
should not be mere settlement. Your goal should be
to obtain that sum of money which fully and fairly
compensates you and your child for your injuries. To
meet that goal requires aggressive representation.
From the beginning, your attorneys must investigate
and pursue your claim with an eye toward presenting
the strongest possible case before a jury. Only
when the negligent doctor and hospital know that
your attorneys are able to win a major verdict
against them will you be able to obtain, through
settlement, the compensation you deserve. The
MedLaw Legal Team of Janet, Jenner & Suggs
provides that type of aggressive representation - we
work to maximize our clients' potential for a full
and fair settlement because we prepare each case
from the outset as if we were going to trial.
Thus, if negotiations fail, our attorneys are poised
and ready to present a strong and substantial case
to the jury on behalf of our clients.
Can
my medical malpractice case be tried without an
expert?
No. All medical malpractice cases – especially
those involving the complex nature of cerebral palsy
– require medical expert testimony. Your
experienced malpractice lawyer will find and provide
the highest quality of legal assistance in obtaining
an expert for your case.
When
should I contact a lawyer?
You should speak to a lawyer as soon as you suspect
or know that the possibility of medical malpractice
is present. There are statutes of limitations
involved with every medical malpractice case.
How
long will it take my case to be resolved?
There is simply no easy answer to this question. The
vast majority of all cases, including medical
malpractice cases, are settled before trial. A
medical malpractice case, if litigated to trial,
could last a number of years. One who pursues a
medical malpractice case should understand from the
outset that a quick resolution can not be
guaranteed.
Have
I waived my right to a trial because I signed a
medical consent form before giving birth?
No. A consent form does not give the health care
provider a license to commit malpractice. While the
execution of a typical consent form indicates
acknowledgement of stated risks and complications
associated with a given treatment or procedure, it
does not relieve the health care provider from his
or her duty of meeting the standard of care
associated with such treatment or procedure or in
obtaining such consent.
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