Frequently Asked Questions (FAQs)
First, we will ask you a question:
Why do you want to bring a lawsuit?
Answer: "Because, I don't want this to happen to anyone else." This is the answer we like and the answer we receive more than any other answer to this question. We not only want to help you, but we want our efforts to help raise the medical standard of care for all of us.
What does it mean to violate the standard of care?
Answer: The law requires that a health care provider exercise the degree of skill, care, and learning expected of a reasonably prudent healthcare provider in similar circumstances. If a provider fails to perform in this manner it is considered a breach or violation of the standard of care.
How soon will you be able to tell us if you can take our case?
Answer: We evaluate your initial information almost immediately, and nearly always within one or two weeks we will contact you. We may then need to gather more information before we can make a final decision.
Who will work on my case?
Answer: Your case will be handled and directed primarily by attorney Ken Coleman, in conjunction with paralegal Betsy Johnson. Leanna Cossman, RN, will provide nursing evaluation, medical record review, and assistance as needed.
What good does it do to file a medical malpractice case?
Answer: There are several benefits. (1) It holds wrongdoers accountable. (2) Other health care providers hear about your case, which helps improve the quality of medical care. (3) Any amount recovered can help pay for the long-term consequences of injuries and death.
What will it cost?
Answer: Cases are taken on a contingency basis which means you are not charged a professional fee unless we are successful in obtaining a result for you.
Why do attorneys usually charge more for medical malpractice cases?
Answer: Medical malpractice cases require a large amount of time, expertise, and attorney expenses. There are several reasons for this. (1) Expenses are very high for expert witnesses. (2) A large amount of time as well as extra expertise is required. (3) Because of the large expenses, attorneys must often advance monies out of their own reserves. (4) Risks to the attorney are high. Juries favor doctors 70% of the time, which means that when we go to trial and lose we also lose a large amount of money. Therefore, contingency fees are generally 40% or higher, depending on the complexity of the case. Automobile accident attorneys often charge 33-1/3%.
Is the initial consultation free?
Answer: Yes, and there is no subsequent attorney professional fee unless we are successful in recovering money for you.
How do you decide which cases to accept?
Answer: Because the attorney risks his time and his money, he or she can only take cases when there appears to be clear negligence and therefore a reasonably good chance of success.
How do you decide if a lawsuit has merit?
Answer: Attorneys who do medical malpractice have to be very careful because there are court rules that sanction and impose a fine on an attorney who files a lawsuit that does not have merit. Because these cases are so expensive to investigate and handle, contrary to popular opinion you will find that we cannot accept "frivolous" lawsuits. Many doctors, and certainly many big companies who pollute the environment, have taken the position that all lawsuits are frivolous. Apparently they do not believe that they should be held accountable when people have been injured. As we know, the bottom-line profit is all-important to some businesses, and sometimes they forget that their profit is not an acceptable reason to cause injuries.
Do we have to file a lawsuit, or can we possibly get a settlement first?
Answer: Some cases do settle before we need to file a lawsuit.
Why do medical malpractice or medical negligence cases not settle easily?
Answer: Doctors often insist on having the right to refuse to settle written into their insurance policies, and many times doctors will refuse to settle even when their insurance company recommends settlement to them. Also, because juries favor doctors and healthcare providers over 70% of the time, doctors and their attorneys realize that even if there was negligent care a jury may very likely support them and rule against the patient. Therefore, sometimes settlement only comes after a large amount of work is done and we have built a strong case.
Is there a deadline for bringing my case?
Answer: Yes, and there are different deadlines depending on the facts of your case. We will evaluate the deadline when you provide your initial information to us. Since there are deadlines, you should contact us or another attorney as soon as you believe you have a case.
Why do some people get different settlements or different jury verdicts for the same kinds of injuries?
Answer: Every case is different, and it is impossible to compare one case to another. Each case is like a fingerprint. There are always some variations. When twelve jurors hear and discuss the evidence, they are able to be in the best position to understand a case.
How much is my case worth?
Answer: Until we have fully evaluated your case and heard the opinions of our experts, we are unable to form an accurate estimate on this issue.
Will other doctors really testify against my doctor?
Answer: Many will not. We have to find doctors with good credentials who are honest and who are willing to "speak up." Such doctors can be hard to find, but fortunately they do exist.
How many experts will be hired?
Answer: Every case is different. We will not know the answer to this question until we have fully evaluated your case and plotted the strategy necessary for successful preparation.
Do you use a computer in the courtroom?
Answer: Yes. We try to use whatever method we feel will explain your case the best. This includes video, Power-Point, special trial presentation software, exhibits, and expert witnesses.
What if I don't want to sue my doctor?
Answer: Sometimes there are others who are also responsible for the injuries, and sometimes the responsible party may not be your doctor. We will evaluate the facts and advise you, but we will not encourage you to file a lawsuit against anyone if you do not feel comfortable doing so. The most important thing is your long-term health and happiness.
Will a lawsuit affect my ability to get medical care?
Answer: There are some health care providers who are either unwilling or who are afraid to care for patients who have brought lawsuits. However, unless you live in a very small area and have a limited choice of healthcare providers, this is generally not a problem. In fact, healthcare providers who know that you have brought a medical malpractice action will likely be particularly careful and thorough in caring for you.
How long does it take from the beginning to the end of a case?
Answer: It can easily take two years or more from the beginning of a case until the completion of trial. Sometimes cases will settle within six to twelve months, and occasionally they will settle just prior to trial.
Will I have to testify?
Answer: Often you will, but we will help make this easier for you. It is very uncommon for the opposing attorney to make this a difficult experience for you, and if there are any problems we are always with you to help protect you.
What if my condition needs further medical care now?
Answer: We encourage you to be sure and get the best possible medical care or correction to whatever problems you have. We believe that your health and medical care comes first, and then we can evaluate your legal concerns. Even if you believe that a health care provider has injured you, if the injury can be corrected you should generally take care of that first. It is better to have good health than a good legal case.
