Frequently Asked Med Mal Questions
Do plaintiffs always win medical malpractice cases because of sympathetic juries?
Absolutely not. According to the most recent data from the National Center for State Courts medical malpractice plaintiffs whose cases go to trial lose 72.4% of the time. That is why having an experienced attorney with a strong track record is critically important.
Here are some sobering facts also compiled by the National Center for State Courts:
Are medical malpractice cases increasing in number?
No. While absolute numbers are hard to generate nationally because of disparate reporting practices, studies in numerous locations at the local and state level show that the number of med-mal cases have remained steady or even declined in many jurisdictions and that med-mal cases comprise less that 10% of all civil tort filings. The truth is that the vast majority of provider-caused injuries are uncompensated.
How much time do I have to think about filing suit for medical malpractice?
Not as much as you might think. Some potential claims can be barred by the statute of limitations in only two years from the date of the injury or its discovery. Any delay in consulting with a competent medical malpractice attorney can be a costly mistake. Even if you move within the filing deadline, delay may cost you opportunities to collect time-sensitive evidence.
How much is my claim worth?
There is no simple formula. Every case is different. One fact is pretty clear, however. The better your lawyer’s record, performance and reputation the more likely it is that there will be any recovery and the more likely that such recovery will be as large as you rightly deserve. The best answer will come when you ask someone who has been achieving trial med-mal victories and large settlements for decades. Fortunately for you, if you live in the DC-MD-VA area, there are several attorneys fitting that description at this number (202-737-7777).
Absolutely not. According to the most recent data from the National Center for State Courts medical malpractice plaintiffs whose cases go to trial lose 72.4% of the time. That is why having an experienced attorney with a strong track record is critically important.
Here are some sobering facts also compiled by the National Center for State Courts:
- Most victims of medical malpractice do not sue.
- The Institute of Medicine found that medical errors cause at least 98,000 deaths annually.
- The Commonwealth Fund found that 1 in 5 Americans, or 8.1 million households, have experienced a serious medical or prescription error.
- Medical malpractice cases are not “skyrocketing” in most jurisdictions, although some have experienced an increase in filings.
Are medical malpractice cases increasing in number?
No. While absolute numbers are hard to generate nationally because of disparate reporting practices, studies in numerous locations at the local and state level show that the number of med-mal cases have remained steady or even declined in many jurisdictions and that med-mal cases comprise less that 10% of all civil tort filings. The truth is that the vast majority of provider-caused injuries are uncompensated.
How much time do I have to think about filing suit for medical malpractice?
Not as much as you might think. Some potential claims can be barred by the statute of limitations in only two years from the date of the injury or its discovery. Any delay in consulting with a competent medical malpractice attorney can be a costly mistake. Even if you move within the filing deadline, delay may cost you opportunities to collect time-sensitive evidence.
How much is my claim worth?
There is no simple formula. Every case is different. One fact is pretty clear, however. The better your lawyer’s record, performance and reputation the more likely it is that there will be any recovery and the more likely that such recovery will be as large as you rightly deserve. The best answer will come when you ask someone who has been achieving trial med-mal victories and large settlements for decades. Fortunately for you, if you live in the DC-MD-VA area, there are several attorneys fitting that description at this number (202-737-7777).