Was it a medical mistake? You need to know for your own peace of mind. Download our free book to learn more.
Was it a medical mistake?
You need to know,
for your own peace of mind.
The questions below will help you understand and feel more comfortable in asking questions of your own, during this determination process.
What do I do if I suspect medical malpractice?
If you feel you may have a medical malpractice claim, please speak to someone experienced in legal issues. This person should be able to determine whether or not you may have a claim based on the facts of your case.
How do you tell if I may have a medical malpractice claim?
A bad result does not necessarily mean malpractice has occurred. No medical care provider can guarantee that something bad won’t happen when medical care is being provided. However, every medical care provider has certain steps to take in specific circumstances. This is referred to as the standard of care. Whether or not the standard of care is met determines if negligence has occurred.
If medical negligence has occurred do I have medical malpractice claim?
Whether or not medical negligence leads to a claim for medical malpractice depends on whether the negligent act led directly to an injury. In essence “no harm- no foul”. So in looking at the facts, was there an injury directly caused by the negligent act?
If I have a case of medical malpractice, how quickly can it be resolved?
These cases are usually very complex. They require an extensive review of medical records and involvement of medical experts who will determine whether the standard of care has been met.
All of this may take a significant amount of time to complete. Each case is different. It is hard to determine how long it will take.
What information is needed from me to help with the process?
At the very minimum, the facts of the case as you understand them, must be provided. Once these are obtained, a determination can be made as to the issue of a valid malpractice claim.
Now, here are some answers to specific questions,
we have answered for many others who were in the place you find yourself, right now.
1. What is the difference between a settlement and a verdict?
A settlement is an agreement reached by both parties ( the plaintiff and defendant) that resolves the law suit. A settlement is not subject to an Appeal because both all parties have agreed to the terms of the settlement.
A verdict on the other hand is a conclusion reached by the jury (or judge if no jury is being used) that is subject to an Appeal by either or both parties who dispute the outcome.
2. What is a statute of limitations?
The Statute of Limitations is a rule that limits the ability to file a claim after a certain predetermined time period. This time period can vary from State to State depending on the specific type of claim being made. For example, a medical malpractice claim must be filed within a specified time that varies with the age and mental competency of the person bringing the claim. There are other factors that are considered when determining the Statute of Limitations which may require legal analysis.
3. What does ‘the burden of proof” mean?
The “burden of proof” relates to the party in a law suit that must prove an issue to the jury ( or the judge if no jury is being used). The burden is on the Plaintiff ( the who is suing) to prove his or her case against the defendant ( the one being sued).
4. What does the term “discovery” mean?
Discovery means the facts are obtained from the other party in the form of testimony or records that are then used during the law suit as evidence to prove certain points.
5. What Is the role of the judge?
The role of the Judge is to act as the referee. He or she will rule on questions of law that arise during the case and in the event of a trial, will make sure the presentation of the case is done properly.
We are good as listening...call us at 480-418-7046 if you have additional questions concerning medical malpractice in your life. We would like to help you and answer your questions so you can move forward.
How our process works at The Skiver Law firm for your own knowledge and comfort.
Working with us is as easy as three steps and we are here to guide you. There is an opportunity here for you. Let us figure this out and allow you to move forward with your life. We know its tough, so let go of some of your burden, questions and what to do next frustration.
Once a determination to pursue the case is made, a contract is signed that outlines our agreement. Usually the agreement is a contingency on collections money from the defendant. The cost of the case are advanced against any to be repaid from monies collected as listed in the agreement.
After the filing of legal documents, related to the case with court, discovery of further information occurs through depositions, written questions called interrogatories exchanged between both sides and review of any pertinent records.
Following these steps the case is either settled, dismissed or taken to trial.
Want to meet with us to discuss this case and how the process could help you reach a successful resolution? Call us at 480-418-7046, so you can share your story.