I am looking into suing my PCP due to medical malpractice, for anyone that has followed through with anything like this i was wondering if you could help me in answering some of my questions, First is it even worth it and when i say that i mean is the amount you get if you win your case less than all of the lawyers fees in the end, and after what the lawyers take? How long did it take your case to be finalized and exactly how much did you get? Thank you
Lord Butters I
Talk to a local lawyer about this. You may have a case.
normobrian
Lawyers generally get 1/3 of the settlement or judgment. You should never pay one penny out of pocket to sue for malpractice. That 1/3 is also negotiable. When the lawyer tells you what the other side is offering, tell the lawyer how much you want in your pocket and make him go back and get his fee,
I told my lawyer that I wanted $ 10,000 for an injury and he came back and said he got it. Of course, he wanted 35% of that. I told him, 'no, no, no. I want $ 10,000 in my pocket. Go back and negotiate your fee.' We settled for $ 12,800, of which I got $ 10,000 and he got the rest. That is much less than the 35% that I agreed to pay him. It was about 22%. A lawyer would rather get something than nothing.
rickinnocal
How much you get depends on how badly you were harmed.
To win a medical malpractice suit requires that you be able to prove that the Doctor didn't just make a mistake, but that he was negligent in doing so.
For example, if the Dr is operating on you and he slips and cuts you where he shouldn't have, that's an accident, not malpractice. If he amputates the wrong leg because he didn't bother to read the case notes, that's negligence, and is malpractice.
If you get sick for a week, miss a weeks work, and are sick and in pain because he was negligent, then you could expect to win your weeks lost wages, your medical bills, and possibly a couple of thousand dollars for pain and suffering.
If he amputates the wrong leg while he's drunk, you could get a lot of money.
Richard
natasha p
you need to specify what you are talking about. the amount of trouble and money depend on the details, its not general info.
bored brunette
You need to be real careful with this one. If you were seriously harmed, that's one thing... but if you have something that could be deemed frivolous, you may find it very difficult to find a PCP in the future. I've seen this in the scope of my career; some doctors are quite leery of taking on a patient who's been known to sue.
rememberthecole
Figure whatever you get, the lawyer will get 30-40% of it.
Second, some states limit what you can get for "pain and suffering." If your state is one of those, then all you can really get is for your condition and medical expenses. You will not get rich winning a case in these states.
Third, you can be refused future care. Not just by your current PCP but others could decline to take you as a patient. Specially if your case is weak or bogus. You would be stuck using "doc in a box" clinics or hospital ERs. If you need surgery like your gallbladder out, you will find it is hard to get a surgeon to take your case. Why would any doctor treat you if you file a weak or bogus case?
Lastly, assume you win, insurance rates go up. It is not the doctor who pays if you win, it is the insurance company. And they will not simply spend money without getting it back. They will hike up his rates and the rates of other doctors and the doctors will hike up what they charge the patients. If you do not have a real case, you will not be doing anyone a favor.
Orignal From: Medical malpractice lawsuit ?
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