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Medical Malpractice
The lawyers at the Brown
Law Offices have helped those both young and old who have suffered as a
result of a doctor's negligence.
Medical malpractice cases require a certain expertise. The attorney
representing you must be knowledgeable not only in the law, but also
possess an in depth understanding of human anatomy and physiology.
The best medical malpractice lawyers will tell you that they turn down
far more cases than they accept. These cases are intricate and require
significant time and expense. Once you contact us, we will take a very
close look at your situation and give you honest feedback about the
merits of your claim.
Medical malpractice is essentially an action for negligence that is
brought against doctors, and other medical professionals, when their
conduct falls below the standard of care of a reasonable practitioner.
In addition to violating the standard of care, the violation must result
in some sort of injury to the patient. This is known as "causation."
Medical malpractice is a larger problem than you might expect. A Harvard
Medical Practice Study suggests that 80,000 people die in the United
States each year due partly to medical malpractice. Many more are
seriously injured.
Once an attorney meets with you and decides to conduct a full
investigation of your case, all of the relevant medical records should
collected and inspected by both a lawyer and a medical professional. The
most important documentary evidence in a medical malpractice case is,
naturally, the set of records that accompanied your treatment.
Unfortunately (and to the surprise of many), we've encountered records
that have been altered after the fact. It is vitally important to
collect your records as soon as possible.
Upon completion of the record review, Minnesota law requires that an
outside expert, qualified to testify in your case, examine your file and
state under oath that she believes the case has merit.
At that point, the claim may either be submitted to the doctor's
insurance company for settlement purposes, or a lawsuit filed.
While awaiting trial, each side engages in a process called "discovery."
During this time, information is exchanged in writing and by way of oral
deposition testimony.
Quite often, cases settle
during this stage of the process.
If your case does not settle, it is resolved in a trial. The trial will
involve the testimony of yourself, witnesses on your behalf, such as
family, friends, and co-workers, and expert medical professionals who
will discuss the improper conduct of the treating medical professional.
Six jurors will be asked to hear your case and render a decision.
Because of the high costs involved in pursuing a medical malpractice
claim, the complex medical issues that are involved, and the relative
standing of medical professionals in the community, each case must be
carefully examined and balanced before a claim is brought.
The factors for consideration include: whether there, indeed, was a
deviation from the treating professional's standard of care; how
significant the deviation was; whether the deviation actually resulted
in harm to you; the reputation of the treating professional; whether
money damages may be proven, and in what amount; the costs involved;
and, of course, whether an expert may be obtained to confirm that the
treating professional acted negligently.
Respectable malpractice
attorneys will only take cases they believe have merit, and will front
all expenses associated with pursuing the claim. Then, at the conclusion
of your case, the lawyer will receive a percentage of any recovery and
have expenses reimbursed. This is called a “contingency” arrangement.
On the other hand, if you recover nothing, you owe us nothing. It’s as
simple as that.
Some law firms charge a higher percentage if a case goes to trial. We
don’t. Our fee remains one-third of any recovery obtained through
negotiation, mediation, arbitration, or trial.
No reputable lawyer will promise you anything up front. It is simply
impossible to offer a specific dollar figure. At best, an attorney may
be able to gauge the severity of your case and offer a range of recovery
based upon their experience.
There are literally dozens of factors that play a role in your recovery.
A few of them are discussed below.
At the onset, no demand should ever made until the full extent of your
injuries is known and you have had adequate time to recover from them.
You only get one chance at resolving your claim.
Unfortunately, many clients do not ever recover, and their injuries are
permanent in nature. A permanent injury is valued much higher than a
temporary condition, usually.
Another aspect of compensation involves who the insurance companies are.
Some companies will negotiate in good faith and make meaningful offers
to settle claims. Others, however, will attempt to pay out as little as
possible and make injury survivors fight for every dollar. The latter is
much more typical, and can result in a lower net recovery to you.
Finally, one of the golden rules in injury cases is that “a case is
worth what a jury says it’s worth.” Juries today are very unpredictable.
Every client has a story to tell. The best way to receive fair
compensation for your loss is to retain a skilled advocate to explain
your circumstance to six ordinary people who serve as jurors.
In Minnesota, the statute of limitations for medical malpractice cases
is four years from the date of the discovery. In other words, you have
four years to file suit or your claim is forever barred. Most cases that
have merit are filed much sooner.
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