We can go the extra mile for clients because we have gone there before. When you first consult with an attorney, you will explain what you believe went wrong and why. The lawyer will ask you a great deal of questions, such as information about prior health conditions, the course of treatment, and follow up medical care. Based on your answers and the available documents, the attorney will make a determination on the potential to achieve a successful outcome. An experienced lawyer who has successfully tried many medical malpractice cases will be able to reach a conclusion by assessing these thresholds:.
Why is it important to consult with a medical malpractice lawyer as soon as possible? Because the time to file a civil lawsuit against a doctor, hospital or medical staff member is limited to two years from the date when the alleged injury took place.
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This is what is known as the statute of limitations. In addition, prior to filing the lawsuit, a Notice of Intent to File a Claim must be served on all potential defendants days before you are permitted to file the lawsuit.
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Failure to file the lawsuit within the applicable statute of limitations will forever bar the case no matter how meritorious it would have been. If your lawyer considers your case a viable one, your account of the incident and the injury is not enough to pursue the matter. All of the records and other documentary evidence must be obtained and reviewed in detail to be sure that the case is a solid one.
It is not uncommon for our well-seasoned medical malpractice attorneys to spend hundreds of hours investigating the medical records in a case. A medical expert must also review your case to determine whether the defendant doctor, hospital or medical staff member made an error so significant that it went beyond the medically accepted standard of care, and that the error was a proximate cause of the injury or death.
These experts serve as similarly trained, prudent medical providers who can prove that they could have provided a higher level of care than the doctor s alleged to be at fault in your case. Successful medical malpractice lawyers have strong relationships with a large number of skilled medical experts regionally and nationally who can understand the appropriate standard of care and testify before a jury as to how that standard was breached.
You do not incur any expense for legal fees or disbursements unless your medical malpractice case results in a jury verdict or a settlement. This is important because medical malpractice claims are expensive to pursue. This means that the lawyer will front the funds needed for expenses including medical experts, deposition fees, medical record charges, exhibits and court costs. Your lawyer is paid through a contingency fee agreement, which is standard under Michigan law for personal injury matters. Now that you know what goes on when an attorney evaluates and accepts a medical malpractice case, here is why Giroux Amburn should represent you for your medical malpractice claim :.
Our clients sing praises: We have recovered for many survivors of botched surgeries and families of loved ones who fell victim to wrongful medical-related deaths. Hear in their own words how Giroux Amburn got their lives back together following unspeakable tragedy. We work quickly to get your med-mal case running: Once we agree to take your case, we start working immediately to make sure all deadlines are met and no chance to file suit slips by.
You never pay a fee until we win — and we will fight hard to win: We at Giroux Amburn only get paid for our services when your medical malpractice case is resolved through a verdict or settlement. Your success is our success, so we will do the best job to get you what your medical malpractice case is worth. Contact us today. The consultation is free! In the complaint, the client alleged facts which worsened her situation with her family and the lawyer defendants in the legal malpractice case.
The parties mediated the case and terminated the mediation with all parties leaving angry. Everyone wanted a global settlement to be contingent upon everyone else agreeing to certain conditions, some of them silly. As soon as we resolved one issue, another arose, and the number of moving parts seemed to increase each day.
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We settled this case by doggedly resolving every obstacle the parties, their attorneys, and their insurance companies threw at us. Most importantly, our client is finished litigating and is happy with the outcome.
Understanding Why We Didn’t Take Your Case and Why We May Not Have Given You A Reason
Unknown to the client, the attorney handling the trial had little or no experience trying cases. The attorney had no idea what she was doing in the courtroom. Unfortunately, the attorney did not have malpractice insurance, and it was unlikely she could withstand a significant judgment. The client was happy with the confidential settlement which the firm achieved without doing much more than writing letters. The attorney did a poor job preparing her case for trial and relied too heavily upon an expert who did not know what she was doing.
When the client complained that the expert's report was filled with mathematical mistakes, the lawyer panicked, made an inappropriate physical contact with the client, and forcefully told the client she had to settle. She terminated his services and asked the court for a trial continuance, but the court refused to continue the trial. The trial ended in a predictable disaster.
The defense contended the client's wounds were "self-inflicted" and that it was her discharge of the attorney which led to the disastrous trial result. Kessler v. The attorney denied all liability and the case went to trial. The attorney was represented by one of Orange County's most experienced trial attorneys.
Klein represented the client. At trial, the court determined the Overton firm had not proved its case. The court granted a defense verdict in favor of Mr. Klein's client. Sjostrom v. The client discovered that his lawyers did not properly draft the covenant not to compete. The client sued his former counsel, one of the largest law firms in the county.
Wells Fargo Bank v. Please call the law office at or fill out the form below to arrange a consultation with a lawyer.
Evaluating A Malpractice Case Against A Lawyer
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