Medical Malpractice Lawsuit

WEBVTT 00:00:06.243 --> 00:00:09.900 Persons that have a potential medical malpractice claim, 00:00:10.057 --> 00:00:12.986 don't understand, or need to be informed about a few topics. 00:00:13.086 --> 00:00:15.386 First one is the amount of time it takes. 00:00:15.686 --> 00:00:19.585 I think, unlike other areas of injury law, 00:00:19.586 --> 00:00:21.756 medical malpractice is significantly 00:00:21.757 --> 00:00:25.080 more time-consuming, because it's more complex. 00:00:25.914 --> 00:00:29.220 So both the investigation before you bring a lawsuit, 00:00:29.400 --> 00:00:32.485 the pre-litigation process that you have to do before 00:00:32.486 --> 00:00:36.000 and the litigation itself just really delay things. 00:00:36.157 --> 00:00:39.957 Then you combine that with the schedules of the doctors you need to talk to, 00:00:40.157 --> 00:00:41.814 both at fault and not at fault, 00:00:41.914 --> 00:00:45.514 defense attorney's calendars, the court's calendars. 00:00:45.857 --> 00:00:46.956 It's a long process. 00:00:46.957 --> 00:00:50.342 So the first thing we do is educate clients 00:00:50.343 --> 00:00:52.900 that we're in it for a long ride. 00:00:53.014 --> 00:00:57.213 Unlike the auto insurance world where if you're in an accident 00:00:57.214 --> 00:00:58.756 and you think it's the other person's fault, 00:00:58.757 --> 00:01:01.199 if your insurance decides it's your fault, and they should settle the claim, 00:01:01.200 --> 00:01:03.328 they're gonna do it without your permission. 00:01:03.329 --> 00:01:07.985 In medical malpractice, a physician can say, "No, don't settle." 00:01:07.986 --> 00:01:11.185 And his insurance company can't settle unless the physician wants to. 00:01:11.186 --> 00:01:12.743 So that sometimes is the delay. 00:01:13.014 --> 00:01:15.485 What I see more often, and it's more troubling, 00:01:15.486 --> 00:01:18.456 is that I see physicians that would like to settle the case 00:01:18.457 --> 00:01:22.920 but the insurance company is refusing or not being reasonable in the amount 00:01:23.071 --> 00:01:25.914 and they want to drag it out, and they want to fight it. 00:01:26.114 --> 00:01:27.413 But an average case time, 00:01:27.414 --> 00:01:30.414 not just for our office, for anybody, is three years or more. 00:01:32.186 --> 00:01:34.840 It's hard for clients to understand that. 00:01:34.841 --> 00:01:38.099 And if we could change it and make it faster, we absolutely would. 00:01:38.100 --> 00:01:39.870 We do everything we can to move it faster, 00:01:39.871 --> 00:01:44.040 but the first thing clients need to understand is this is a long process. 00:01:44.357 --> 00:01:49.359 Another frequent question we get is about the pre-litigation requirements. 00:01:49.471 --> 00:01:51.970 This is what makes our field kind of specialized. 00:01:51.971 --> 00:01:54.014 In any other injury case, you don't have to do this. 00:01:54.029 --> 00:01:57.299 But if your injury involves any type of health care provider 00:01:57.300 --> 00:02:01.343 from a sports medicine doctor, a chiropractor, 00:02:01.643 --> 00:02:06.243 even a holistic medicine person that does have a real license. 00:02:06.557 --> 00:02:10.086 If they provide any sort of arguably, health care, 00:02:11.686 --> 00:02:14.120 then… You know, laser, botox, anything. 00:02:14.671 --> 00:02:16.513 You have to go through a pre-litigation process. 00:02:16.514 --> 00:02:19.056 You have to tell them, "Hey, I'm thinking about suing you." 00:02:19.057 --> 00:02:20.057 Give them notice. 00:02:20.482 --> 00:02:22.070 Then a panel's appointed 00:02:22.071 --> 00:02:25.457 that involves local providers and lay people, 00:02:25.600 --> 00:02:27.932 that sit on the panel and you have to go before them 00:02:27.933 --> 00:02:29.299 and tell your case, 00:02:29.300 --> 00:02:31.499 and the defense shows up and tells their case. 00:02:31.500 --> 00:02:35.156 Then they make a decision whether the case has merit or not. 00:02:35.157 --> 00:02:39.000 And you have to get that decision, and we'll jump through that hoop. 00:02:39.657 --> 00:02:41.686 That takes usually six months to do that. 00:02:42.200 --> 00:02:43.428 So from the time we get a case, 00:02:43.429 --> 00:02:45.756 we need a couple of months to gather their records, 00:02:45.757 --> 00:02:49.042 which there's laws about how quick we are allowed to demand records. 00:02:49.043 --> 00:02:50.671 They have time to produce those. 00:02:51.186 --> 00:02:53.385 Then file the notice of intent, 00:02:53.386 --> 00:02:56.085 have the pre-litigation and hearing, that takes six months. 00:02:56.086 --> 00:03:00.485 So sometimes it's a year before you can even fully investigate the case 00:03:00.486 --> 00:03:02.900 and get answers about whether you should file a lawsuit 00:03:03.043 --> 00:03:04.413 and whether you have a case. 00:03:04.414 --> 00:03:06.056 Then once you do, you start the case 00:03:06.057 --> 00:03:07.399 and then it's years after that 00:03:07.400 --> 00:03:11.529 before a potential settlement or a trial comes into play.