Important Message!

A Medical Malpractice Lawyer Told Me I Don’t Have a Case

Have Your Medical Records with You

If you have not already done so, request copies of all your pertinent medical records. If you saw a lawyer without them, wait until they arrive in the mail. Once they arrive, review them, place tags on pertinent pages, highlight where needed, organize into a presentation-type packet, and make several copies. While it may be easier to find a lawyer in your city, don’t be afraid to look elsewhere in the state or, for that matter, the country.

Schedule Free Consultation Appointments

You’ve had a few appointments that didn’t grab the interest of the medical malpractice lawyers. Make some additional free consultation appointments with a few more, and go in armed with your medical records. Make sure you can state your case clearly and precisely, and that you can reference documentation to substantiate your claims. To a lawyer, time is money. If you can’t make the free half-hour generate income for him, he won’t be interested.

Do I Need to Find a Medical Malpractice Lawyer?

If you have a real medical malpractice case, you need a medical malpractice lawyer. You don’t call an electrician to fix your plumbing, so why would you hire a lawyer that didn’t specialize in medical malpractice? There are specialists with medical and legal degrees; these professionals may be of help to you, but it takes some investigation to find them. Don’t hesitate to send a cover letter and a copy of your medical record packet, complete with highlights and tags, out of the area to lawyers you may find in your research. Explain how you found them and be very short and detailed about what you consider to be medical malpractice.

What If a Medical Malpractice Lawyer Won’t Take My Case?

Unfortunately, that’s a very common occurrence. There are some lawyers that only handle personal injury, others that only handle defective equipment, etc. If you are convinced you have a case and you have all the time in the world to pursue it, continue to reach out for help. There are reality TV shows, news magazines, and newspapers that may be interested in the story. However, there is also a point at which you must survey your damages and decide to move forward with your life.

Move on With Your Life

While winning the case may be a mission for you, do not become consumed with it. Whether or not someone will take your case, and whether or not the healthcare facility or provider claims to be innocent of charges, you cannot have false expectations. Expecting the hospital to issue an apology and a check is unrealistic. Expecting the hospital to question that state of your mental health, and the pre-existence of several issues, is more likely. Even if a medical malpractice lawyer agrees that you have a possible cause of action, he may not feel you will get anything near what you are looking to recover. However, since he or she will get a portion (usually a third) of the award, it may be in his/her interest to pursue it.

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March 28, 2007

Damages

Damages On April 1, 1984, Donna Sabia went into labor expecting twins. But one of the babies arrived stillborn, while the other–Anthony Jr.–was barely alive, with an Apgar score (rating newborn vitality on a scale of 0 to 10) of 1. In the following years, he suffered from spastic quadriplegia, cerebral palsy, and cortical blindness, and would require lifelong medical attention costing millions of dollars just to survive. The Sabias’ lawyers faulted Donna’s maternity clinic and the delivering physician for her son’s condition, initiating a 7-year lawsuit on the claim that a simple $40 ultrasound could have eliminated incalculable suffering and catastrophic expense.

Damages is a careful analysis of how the fields of law and medicine intersect in the realm of medical malpractice, where lawyers sue not only to redress suffering but to make sure that doctors and hospitals are more vigilant in the future, if only to avoid being sued again. Werth leads readers carefully through the litigation, from the deposing of expert witnesses, through the preparation for trial, to the posturing of settlement negotiations. Always firmly aware that lawyers sue doctors on behalf of human beings, however, he reveals the emotional and psychological consequences of a civil justice system that is often neither civil nor just. Werth explains esoteric legal and medical procedures in understandable terms that laypeople will not find condescending, while describing the human side of the Sabias’ case without patronizing attorneys and physicians. Ultimately, Damages is the chronicle of a devoted family braving a medical malpractice industry in which the decision-making process on both sides is governed by a cost-benefit analysis that leads, perhaps inevitably, to the commodification of human life. “Even after a big verdict,” Werth quotes one malpractice lawyer, “I’m suffering because all I could get my clients, who’ve been brutalized by the most appalling malpractice, was money.” –Tim Hogan

Author: Barry Werth
Hardcover:  400 pages
Company: Simon & Schuster  (1998-02-10)
ISBN: 0684807696
List Price: $25.00
Amazon Price: $2.65
Used Price: $0.01

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March 26, 2007

Medical Mishaps

Medical Mishaps * How often does medical mishap occur?
* Can we extend notions of responsibility beyond problem doctors?
* How do we improve data on the incidence, characteristics and causes of medical mishap?

This book explores what we know about the incidence, causes and aftermath of medical mishaps. Increasingly the medical profession is being expected to review the performance of doctors more rigorously and systematically and to adopt proactive approaches to the management of risk. Little is known about how often medical mishaps occur, the proportion which are preventable and the impact of the mishap on those involved. Contributors to this volume are all experts in their field who can reveal something about medical mishap puzzles from a UK and international perspective. Medical mishaps are traced from their genesis and cause through to the impact they have on doctors, patients, managers, educators and those responsible for the resolution of complaints and medical negligence disputes arising from them. This volume is unique in bringing together a number of different voices. The contributions are multi-disciplinary and report both empirical studies of these phenomena as well as the experiences of those who have to deal with medical mishaps on a day to day basis.

Author: Rosenthal
Paperback:  224 pages
Company: Open University Press  (1999-02-01)
ISBN: 0335202586
List Price: $30.95
Amazon Price: $30.95
Used Price: $31.00

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