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Frequently Asked Questions
It is important to understand that a
medical malpractice case is based on the evidence and the ability to
confirm the breach of the standard of care as the cause for the
damage. In other words, we must be able to provide evidence that the
act, error, or omission committed by a treatment provider caused the
injury or death within a high degree of medical certainty.
Sometimes, as medical professionals
we know what happened but are unable to find the evidence to prove
it, or obtain the services of an expert. As unfortunate as these
cases are, there is little that can be done from a legal standpoint.
What we can provide is closure for those who mourn for their loss.
7. Once the merits of the case are
established and confirmed by experts willing to testify to their
findings, if you have not already done so, it is time to contact an
attorney.
8. A demand letter will be sent by
the attorney to inform the defendant and their insurance company of
your intent to file suit if a resolution cannot be achieved.
9. Next is generally a time of
negotiation between the attorney and the defendant’s insurance
company. Seldom is an acceptable settlement offered.
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