MEDICAL MALPRACTICE

    Despite what the insurance companies have led you to believe, there is no crisis in this area.  If there is, it is because those who have suffered less than permanent or fatal injuries cannot find an attorney to take their case. 

    Make no mistake, medical malpractice cases are extremely costly for attorneys to pursue and have a low percentage of actual recovery.  Because of this, attorneys will want to see two things:  clear fault on the part of the doctor, and high damages.

    Medical malpractice cases are inevitably taken on a contingency basis, where the attorney's compensation will be a percentage of the recovery you obtain, if any.

    The legal theory underlying a medical malpractice claim is a variant of  "negligence."  That is, every doctor and health care provider must perform his duties and acts with the standard of care which exists in his medical community.  Deviations from this standard of care which injure a party, results in liability. 

    Before an attorney can proceed, he needs to obtain a copy of all of your medical records from the hospital or care provider.  He will then forward these on to another doctor who is an expert in the field to get an expert opinion as to whether medical malpractice has occurred.  Only after this determination has been made, will an attorney consider filing suit.  Remember, even if malpractice is established, if the attorney does not think that the damages are substantial, he will usually refuse the case.

   Before you decide to proceed, ask yourself the following questions:

• Has another doctor or nurse told you that the procedure or treatment was not done appropriately or that the outcome was unusual?
  
• Were you informed of any possible risks for the treatment or procedure?
  
• Did you sign an informed consent form?
  
• Has your insurance company refused to pay for any of the medical bills or questioned their appropriateness.

• Has the doctor been evasive when you ask him about the results of the procedure or treatment and why they did not meet your expectations.
  
• Has anyone told you that the doctor has a bad reputation or has had similar complications?

If you think you have a medical malpractice claim, please fill out our form by clicking here: Do I have a case?

Law Office of John S. Xydakis, P.C.