Medical Negligence Damages

How Large Are The Damages in Medical Negligence?

The amount of damages likely to be recovered if negligence can be proven is the most important factor in deciding to proceed with a medical negligence case. Our approach to medical negligence cases is to first obtain all of the patient's relevant medical records and have them screened by a health care professional. If the records and other information suggest that some of the treatment was below the standard of care, the decision to proceed with the case will be made by the client with an understanding of the potential costs. One or more experts qualified to testify in the specialty involved will then be retained to review the records. The case will proceed if they reach an opinion that the doctor committed negligence.

Usually we will contact the insurance company for the physician and give notice of the claim. In a few instances, where liability is clear, the insurer as well as the defendant will want to resolve the case before filing. If an early resolution is not achievable, then the case will be filed.

Generally, claims involving injuries that are not permanent or involve damages likely to be less than $100,000 are not economically feasible to prosecute. This is because the net recovery to the client will not be large enough after payment of the expert witness fees, costs and attorney fees, to warrant the risk of litigating the claim and possibly losing. As in any case that is tried before a jury, the outcome can never be guaranteed.

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