How Long Does A Medical Malpractice Claim Take To Be Resolved?
Most medical malpractice claims take much longer than a typical personal injury case to resolve. The administrative process where you appear before these medical experts can take several months to schedule. At that point, the case is just getting started. Potential clients should expect at least a year to see their case resolved, and certainly, if the case goes all the way to trial, it is much longer than that.
What Are The Challenges Faced In Establishing Negligence In A Medical Malpractice Case?
One issue that we run into with negligence in these malpractice cases is that most healthcare professionals do not want to critique or provide an opinion on the actions of their fellow healthcare providers, especially if they are working within the same state and certainly within the same industry. For example, in Utah, there is a medical company called Intermountain Healthcare that thousands of medical professionals work under. They do not want to give an opinion on another doctor that works within the same company. Because of that, we usually have to find experts outside the state to give an opinion on the breach of the standard of care. That means logistically some things are difficult, and the costs of these cases are much higher than a typical personal injury case.
Another issue is getting proper evidence. Therefore, even though a client will come in and say here is what happened, when we get medical records they often do not align with what the client tells us? The medical records either fail to mention malpractice and sometimes they are even covering up facts that the patients report to us. Therefore, we have to find accurate evidence that supports the claim, this makes these cases very difficult for us as well.
How Can Signing A Consent Form Impact A Medical Malpractice Claim?
Failure to give informed consent is certainly a cause of action. Whether you have a claim against a doctor depends on what the consent form stated. So, if a patient is injured as a result of something that they were warned of, and they gave their consent, then there is unlikely a claim for failure to be warned. However, that is only one claim that a client potentially has, there could still be other viable claims, such as a failure to properly treat during a procedure. This is if they were injured, so again, it comes back to some cases that need to be screened by someone with experience who can give the patient an honest opinion.
What Sets You Apart In Handling Medical Malpractice Claims?
Two things. First, we understand that most medical malpractice claims involve a serious breach of trust. As a patient, you trust your doctor to know what they are doing, and certainly, there is a knowledge gap between what the doctor knows and what the patient knows. Therefore, a huge amount of trust goes into us putting our lives at stake when we seek medical providers. Because of that, we do not want to be the firm that gives people false hope. We quickly and fairly evaluate a potential claim and will tell a potential client honestly if we think they have a viable claim. That is important so the clients are not holding on to this hope they have a viable case. We do not string cases along.
We find out quickly if there is a breach, and if there is an adequate amount of evidence to show a causal link between the breach and damages, and then we let clients know even if it is not an option to pursue. The second is the experience. We have experience handling large complex medical malpractice claims with great results. Malpractice claims are expensive, and they are very time-consuming. Without experienced attorneys, you often end up with nothing in the end, because they do not know how to properly pursue, and build a case.
For more information on Resolution Of Medical Malpractice Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 499-5060 today.