Medical Malpractice Questions

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In order to determine whether a viable medical malpractice case exists, a consulting medical expert must be retained to review the medical records involved in the patient's care. Consulting medical experts are different than testifying experts in that they will review the case, provide an opinion as to whether malpractice may be proven, but they will not...

In , the law requires that virtually all medical malpractice cases must be proven with medical expert testimony. The only exceptions are for those rare cases involving sponges or instruments which have been left inside of patients.

Although there is certainly a large market of out of town "hired guns" to testify, these type of experts usually do...

One of the first questions that must be answered before expending the effort and money to properly evaluate whether a potential medical malpractice claim exists is the question of whether the claim is beyond the statute of limitations. In , the statute of limitations is call the prescriptive period. If a case is prescribed, it is beyond the statute of limitations...

Most medical malpractice attorneys charge at least a 40% contingency fee to handle medical malpractice cases. A contingency fee means that the lawyer does not get paid unless a recovery is made. In other words, the lawyer's fee is contingent upon getting a recovery.

In routine personal injury cases, a typical contingency fee is 33 1/3 % of the recovery...

At the conclusion of the presentation of evidence in a medical malpractice trial, the judge will read to the jury a set of instructions that they must follow in deciding the case. Included in those instructions will be the law as it currently exists for medical malpractice cases.

The jury is instructed that they must follow the law as it is given to them by...

The average life of a medical malpractice claim from start to finish is approximately 3-5 years. Why do medical malpractice cases take so long to litigate? There are several answers to this question.

First, a claimant cannot file a lawsuit in a medical malpractice case in without first presenting the claim to a medical review panel. A medical review panel...

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