WHAT IS MALPRACTICE?
Medical Malpractice is a term which merely means that a health care provider (doctor, hospital, nurse, druggist, nursing home, dentist, etc) acted in a way which was below the standard of care which should have been exercise. A victim of medical malpractice must prove that the malpractice was the direct cause of the patient’s injury or death.

HOW LONG DO I HAVE TO FILE A CLAIM FOR MEDICAL MALPRACTICE?
Most cases must be filed within 2 years after the medical provider or nursing home committed the act which injured or killed the patient. There are a few exceptions to this general rule, but you should never wait that long to bring a lawsuit. The lawsuit does not necessarily have to be settled within the 2 years---the time limit is merely for filing the case in court. If the lawsuit isn’t filed within that time limit, any claim for compensation or damages can be lost forever.

WHAT DO I HAVE TO PROVE TO WIN A MEDICAL MALPRACTICE OF NURSING HOME CASE?
The law makes it very difficult for victims of medical/nursing home malpractice to win a case. This is because a case can not be decided by a jury unless a qualified medical provider, practicing the same specialty as the provider who injured the patient, is willing to testify that the doctor, hospital or nursing home acted below the standard of care that such providers should give to patients. It is often difficult and very expensive to hire these expert witnesses who are willing to expose medical negligence. The medical insurance companies rarely settle cases. They have found that their reputations for aggressive defense, which includes trying to “out-spend” the victim’s lawyer is often successful in preventing cases from ever being filed.

HOW MUCH DOES IT COST TO FILE MY MALPRACTICE CASE?
Most attorneys who handle medical/nursing home negligence cases work on a “contingent fee” basis. This means that the attorney fee is “contingent” or dependent on you receiving compensation. The legal fees are a percentage of the recovery, meaning the lawyer only recovers if you receive money. This fee arrangement is the only way that most people can gain access to the legal system. The insurance companies pay their lawyers on an hourly basis regardless of the outcome of the case. A lawyer who represents victims of medical and nursing home negligence spends money, through out of pocket expenses, depositions, expert witness fees, medical evaluations, office overhead and salaries and other charges, without any guarantee of recovery.

DO I HAVE A GOOD CASE AND WHAT IS IT WORTH?
The only way this can be answered is to consult a lawyer who has handled these type cases. Unlike other cases, the lawyer may be unable to even decide whether there is a possible case without a review of medical records. A lawyer who handles these cases may conclude that the doctor or nursing home acting negligently, but if the expected recovery is not likely to exceed the high cost of bringing a lawsuit, it may not be cost-efficient to pursue a case. However, that decision can be made only after reviewing the available information.

WHAT SHOULD I DO?
First, determine when the medical or nursing home negligence likely took place and make sure that you are well within the 2 year time limit for bringing a case. Second, call secretary Lila Frazell and schedule a no-cost, no-obligation consultatio with lawyer Floyd Enfinger, Jr.. Third, gather all medical records, correspondence, photos and other things which could be relevant to you or your loved one’s care, treatment or injuries.