April 27, 2015

If you were to die before the case is concluded, a lawsuit against a healthcare professional can continue on behalf of your estate or other family members who were affected by the medical injury. Whether it is financially realistic to continue would be discussed with the family or estate representative. You have the option of […]

There is no precise timeline for completion of the litigation process. However, you can evaluate whether it is taking too long by considering these factors: Do you have a prognosis? This is the most important factor of all in determining how long it will take your case to get to trial. Your prognosis determines everything […]

Depending upon the complexity of the case, the various legal steps leading up to a trial may take years. On average, this process takes 2-5 years. It is extremely important that we take time to ensure that we have all of the necessary information and opinions prior to proceeding to trial. If you have any […]

The expert opinion must be supportive on both issues of standard of care and causation. When this occurs, we will arrange a meeting and provide our recommendations to either start the lawsuit or continue it. The doctor, hospital or nurse will be informed of the lawsuit and a defense lawyer becomes involved. This starts the […]

If one of your treating doctors is the target of a lawsuit, then we expect the doctor will suggest you obtain treatment elsewhere. The doctor will perceive the lawsuit as your lack of confidence in him or her. Treatment at a hospital should continue unless the treating doctor is involved in the lawsuit. If you […]

When we contact the potential expert, we give the names of the potential targets. An expert will not give us an opinion in cases where the target is a friend, social contact, fellow worker or there is the perception of a conflict. Many doctors are prepared to assist in these types of cases and it […]

There are deadlines for starting lawsuits against doctors, nurses, hospitals and other health practitioners. These are called “limitation periods”. Determining the limitation date for commencing a lawsuit can be somewhat complex depending on the specific circumstances of the case. Generally, the limitation period for starting a lawsuit against hospitals and nurses is two years from […]

Generally, once we order the clinical and hospital records, we do not receive them for several weeks. Once received, we review the records in order to determine the following: Is the information the same or different from the client’s memory of events? Are we able to identify the primary targets in the lawsuit? Are the […]

In a medical malpractice case against a doctor, we must prove the doctor did not provide the appropriate care and treatment (i.e. did not meet the standard of care). For example, if it is standard for a doctor to order blood tests when a patient has specific symptoms, and the doctor does not do this, […]

In a medical malpractice case against a doctor, we must prove the doctor did not provide the appropriate care and treatment (i.e. did not meet the standard of care). For example, if it is standard for a doctor to order blood tests when a patient has specific symptoms, and the doctor does not do this, […]

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