Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
When beginning the Toledo medical malpractice case process, it is important to order certified copies of all the medical records and obtain a review by an expert witness. You could then speak with an attorney about the results of the investigation by the expert witness and a discussion of whether or not it makes practical sense to pursue the cases.
After obtaining medical authorization the individual and their attorney should obtain certified copies of all the medical records. An experienced medical malpractice lawyer can help you find a strong expert witness to review the case. The patient should expect an honest evaluation of why this case is or is not worth pursuing.
The evidence involved in the Toledo medical malpractice case process could be the complete medical records and charts of the entire medical history of the patient. The evidence would be analyzed by the various medical experts and the existing treating doctors. Their interpretation of the evidence is essentially what the case is all about.
Probably 95 percent or more of the cases go to litigation. Considering the statute of limitations, there is not enough time in most cases to have a thorough pre-litigation discussion with the insurance company. Typically the insurance company for the doctors wants to evaluate the likability and injuries of a person’s witnesses, expert witnesses, and client. Third, most doctors have a clause in their policy that they have to consent to a settlement of a medical malpractice case. There is a minimum period for the individual to file the lawsuit. A large number of medical malpractice cases are tried. Oftentimes, there is no offer or the offer is ridiculously low, but there is a strong case that there could be a mediation to try to resolve case.
A common trend in the Toledo medical malpractice case process is that the costs and the caps on non-economic damages are more difficult and most cost prohibitive. There are not a lot of medical malpractice claims filed in Ohio or Toledo compared to ten or 20 years ago. The reason for that is there have not been a tremendous amount of highly successful jury verdicts because the insurance industry is not a good job of brainwashing jurors. A large number of attorneys have gotten out of the medical malpractice business because of the cost of pursuing the claims.
A potential problem with the increased presence of research in a university hospital could be that there are more hospitals and a large number of the medical decisions are made by resident doctors and not the experienced doctors. There is more chance of mistakes with less trained and less qualified medical professionals.
One common mistake in Toledo medical malpractice case process is failing to contact an attorney within the statute limitations period. A second mistake is failure to get a second opinion. A third mistake would be a failure to do the easy research of determining who the best experts are in a person’s geographic area for attorneys and medical professionals to market out and evaluate their medical claim or potential legal medical malpractice claim.
A potential claimant can do their research early, become an advocate for themselves, use common sense by not just accepting the initial opinion of a doctor or of a lawyer, and get second opinions of both medical professionals and lawyers. Any expert should be able to explain both the medical and the legal situation to them in easy to understand terms. If they are not able to, they should seek second opinion.
Charles E. Boyk Law Offices, LLC