What happens first?

What is the investigation phase?

What is the lawsuit phase?

What happens at the trial?

How do I know if I should even consider filling a malpractice claim?

If I lose, what am I responsible for?

Does every lawyer handle malpractice claims?

What experience does your firm have?

What does a medical malpractice claim consist of?
 If a medical provider (a doctor or a hospital) usually makes a mistake and “breaches the standard of care” existing in North Carolina at the time of the mistake, this can give rise to a malpractice claim. The person injured will have to have been damaged as a result of the mistake. These damages can include:

• Pain and Suffering
• Medical Treatment and Care because of the injury
• Lost Income
• Permanent injury resulting in future damages
• Death

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What happens first?
Our firm reviews every claim before we agree to undertake the investigation phase of the claim. If we believe on the face of information provided, together with preliminary medical reports, that you have sufficient grounds to believe some type of malpractice exists and the damages are worth pursuing, our firm enters into a contract with you that provides for a fee based upon the amount of that is ultimately recovered for you.

Many times we have evidence of malpractice but the damages are not sufficient to warrant the filing of a law. Most medical malpractice claims have out-of-pocket expenses ranging upwards of $75,000.00 depending on the size of the claim. For that reason, and because the claimant is ultimately responsible for the costs, we make sure that the damages are severe enough to warrant filing suit. MOST MALPRACTICE CASES GO TO TRIAL!

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What is the investigation phase?
Prior to filing a medical malpractice action, our firm must gather all pertinent medical records and have them reviewed by a qualified medical expert. This can be a time-consuming process. The cost of obtaining the medical records usually runs between $250.00 to $500.00. The cost of an expert to review the records and determine if there is a cause for malpractice can run between $1500.00 to $3500.00 for review of the records. Based upon the expert’s opinion, the medical provider is put on notice of the claim. Usually this is passed to the insurance company and an opportunity is afforded to them to settle the case. Most claims are denied by the insurance company no matter how clear the evidence is.

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What is the lawsuit phase?
Once the claim is denied or a decision is made that the case cannot settle without a lawsuit, a Complaint is filed in the appropriate Court and all defendants are served a copy of the Complaint. The defendants will file an Answer. The next portion of the process is called the discovery phase. The plaintiff (the claimant) and the defendant (the medical provider) will take depositions of all parties, experts, witnesses, etc. There will then be a mediation held where a third party will mediate between the parties to see if the claim can settle. A trial date is then set. The trial, depending on the complexity of the issues, can take up to one to three weeks. The lawsuit process for a medical malpractice claim can take from two to three years to complete.

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What happens at the trial?
All the evidence is presented by both sides and a jury of twelve people will have to decide (1) was the medical provider negligent in the care and (2) what amount, if any, is the plaintiff entitled to recover.

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How do I know if I should even consider filing a malpractice claim?
It never hurts to have an attorney review the claim. In North Carolina, there is a short time frame (two years if death involved and three years if injury results) but that time frame can be extended based upon certain criteria. We always suggest you consult an attorney experienced in malpractice to find out if you have a claim. However realize that even though there are many, many cases of negligence on the part of medical providers, some claims simply aren’t worth pursuing due to the large amount of out-of-pocket expenses on the part of the claimant.

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If I lose, what am I responsible for?
If you lose, our firm receives no fee. You are, however, responsible for the costs and the defendant can ask the Court to make you pay their costs. If your claim is not clear cut at the initial inquiry, you may be asked to advance the monies for the medical records and the expert. These go to pay for the medical records and the fees charged by the experts. This is done on a case-by-case basis.

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Does every lawyer handle malpractice claims?
Absolutely not! Medical malpractice claims require experience. Some lawyers handle only certain types of malpractice claims. You should ask the lawyer how many malpractice claims he or she has handled and what the resources of the firm are. Because the lawyer advances the costs after the initial investigation, the lawyer or firm has to have the financial resources to fund the case. Defense firms know they can outspend the average lawyer.

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What experience does your firm have?
Our firm handles several malpractice claims at any one time and we also have a network of experts and other lawyers experienced in malpractice claims we consult and work with. Our firm has the financial resources to fund the cases we select to handle. We do not handle every claim that comes our way but we are glad to refer these potential claimants to other law firms we know may be interested and who are experienced in medical malpractice.

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