Frequently Asked Questions in Medical Negligence Cases

1. Can I afford to pursue my potential medical negligence case?

A medical negligence case does require a substantial investment of effort and money to investigate and bring it to trial. However, we do not charge any fee for our initial consultation with you regarding your case. If your case meets our initial screening criteria, we will proceed to investigate your potential medical negligence case on a contingency fee basis. And, if we conclude your case has merit, we will continue to represent you on a contingency fee basis. As to costs, we advance costs where you cannot do so and where we believe it is appropriate. If there is no recovery, you will owe us nothing for fees or for the costs we have advanced. If we are successful and a recovery is obtained, we will receive a percentage of the amount recovered for our contingent legal fees and we will also be reimbursed for the expenses we have incurred, but neither happens unless there is a recovery on your claim.

2. How long will it take before my case is over?

Medical negligence cases take time. Typically, it takes four to six months to complete the initial pre-suit investigation and approximately two years to bring the case to trial after the law suit has been filed in the appropriate court.

3. How likely is it that my case will be successful?

Medical negligence cases are difficult. This is particularly so because the medical and insurance industries have combined forces and been successful in having special legislation passed that makes it more difficult for victims of medical negligence to be successful on their claims. In addition, these special interests have also been able to pass special legislation that places limits on the amount of damages that can be recovered in a medical negligence or other negligence case, regardless of how clear the negligence or how devastating the resulting injuries.

While difficult, a medical negligence case that has caused significant injury should be pursued if it has merit. Each case must be evaluated on an individual basis as to its likely success based on the information that is available. We make a preliminary evaluation at the outset and then re-evaluate the case as more information becomes available. Of course, we keep our clients fully informed of all significant developments in their cases.

4. When should I do something about my potential medical negligence case?

There are time limits on when medical negligence cases may be filed and cut off dates after which the case can no longer be pursued. These time limits vary from state to state and also can vary depending on the type of wrongful conduct that has been involved, the type of damage that has occurred and the identity of the negligent party. So, the best thing you can do if you believe you or a loved one has been injured as a result of medical negligence is to consult with an attorney experienced in medical negligence at your earliest opportunity.