Medical malpractice attorney (cardiac event)

885 Views | 1 Replies | Last: 2 mo ago by cowenlaw
AggieArchitect04
How long do you want to ignore this user?
AG
Looking for help…

We have had an issue where a non-responsive medical provider was negligent in delivering treatment (just MIA) which led to an emergency hospitalization.

The beef is with the medical group itself, not necessarily the doctor.

We aren't looking for some lifechanging settlement. I just want them to clear whatever balance I might owe at their office and cover the costs of the ER visit.

I've already sent them a letter documenting everything (dates, names, appt times, etc.). My attorney doesn't work in this area but said that based on its content the medical group should be scrambling to help me. I gave them a deadline of today and they have not contacted me so I am ready to escalate.
cowenlaw
How long do you want to ignore this user?
AG
It is difficult to find a medical negligence attorney in a case that doesn't involve huge economic damages. Texas law makes medical cases very expensive and risky for the lawyer. The lawyer has to spend tens of thousands to get an expert report, which must be filed shortly after filing suit. The defense will still move to dismiss the case, arguing that the report is insufficient. Then the defense can appeal on the issue of whether the report was sufficient, leading to a 1-2 year delay before the first deposition is taken.

If the report isn't good enough then the court will make either the plaintiff or the attorney pay all the defendant's attorney's fees and costs.

On top of that there are damage caps for the cases that end up winning (which are rare; doctor defendants win the vast majority of trials). So the law makes 99% of medical negligence cases a bad economic proposition for the lawyer. There is a risk of losing $100,000+ out of the lawyer's pocket if the case is unsuccessful and a limited recovery in the event of a win.

In non-catastrophic cases, the costs of doing the case (hiring required expert witnesses, paying court reporters for depositions, etc) can easily exceed the settlement value of the claim.

That being said, there are still a few lawyers who handle medical negligence. They include Beth Janicek and Glenn Cunningham in San Antonio.

Good luck.
Refresh
Page 1 of 1
 
×
subscribe Verify your student status
See Subscription Benefits
Trial only available to users who have never subscribed or participated in a previous trial.