November 8, 2017
Most people don’t exactly plan for a medical malpractice case. Therefore, if you do find yourself caught up in one, you are likely to have many questions. While it would take hours to cover every question that we are asked from every medical malpractice case, we wanted to offer answers to a few common questions.
Can a Medical Malpractice Case Be Reopened?
Unfortunately, once your medical malpractice case is settled, it cannot be reopened. At the end of the case, you will be asked to sign a release in which you actually agree to this. In the release, you are establishing that you will not pursue further legal action regarding the past events. This release is a requirement to close the case, and if it is not signed, the case will not actually be settled. Therefore, it is important that when a case closes, you are in full understanding and agreement with what you are being offered because in no case will you be able to return after settlement and demand more.
Can You Sue a Medical Professional Other Than the Doctor?
The short answer is yes. Doctors are not the only humans in the medical field, and therefore they are not to the only ones who make mistakes. A medical malpractice case can be held against any licensed medical or healthcare professional who deviates from procedure and directly causes harm or injury to a patient. Medical facilities, such as hospitals, clinics, or nursing homes, can also be held responsible.
Medical malpractice lawsuits have been filed against registered nurses, anesthesiologists, dentists, physical therapists, pharmacists, and just about any medical professional trained and licensed in a specific field of medicine. If a professional’s medical omission, negligence, or mistake caused you to experience a personal injury, you could have a case of medical malpractice on your hands.
Do Most Medical Malpractice Cases Go to Trial?
Maybe the idea of a courtroom, a judge, and a jury makes you nervous. We don’t blame you. The good news is, many times medical lawsuits do not go to trial. According to the US Bureau of Justice, more than 90 percent of medical malpractice cases from 2000 to 2004 came to a settlement before a trial was ever necessary.
However, it is important that you understand that going to trial may be your best option to get the compensation you deserve. Medical malpractice cases are more likely than other personal injury cases to reach trial, simply because many of these insurance companies tend to drag their feet if there is any chance that their luck in court will be better than their luck in a settlement. So although there is less than a 10-percent chance that you will go to trial for your medical malpractice case, do not completely rule out the possibility. Going to trial will always be your decision, so you can choose not to, but you may have to agree to a lesser settlement if your top priority is to avoid the courtroom.
Help from an Indiana Medical Malpractice Lawyer
If you are an innocent victim looking at a potential medical malpractice lawsuit, you are likely in uncharted territory. Let us help. Bring your questions to Hensley Legal Group. Call today for a free consultation or contact us online.