LEGAL ANSWERS FROM OUR CEREBRAL PALSY LAWYERS
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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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OBGYN on staff
