MEDICAL MALPRACTICE EXPERT - SETTLEMENTS

After obtaining the medical reports necessary to prove the claim and after collating copies of physicians' medical records and the patient's hospital charts, all of the documentation together with a factual statement of the circumstances of the claim and a chronology of events is sent to a consultant physician who is a medical malpractice expert from the relevant clinical discipline for an opinion on liability and causation. It is essential to have a competent specialist review the material at this stage to confirm if there has actually been negligence or a transgression of acceptable standards of clinical or hospital practice. It is also necessary to show that there is a causal relationship between the negligence and the harm suffered by the patient. If any of these essential elements is not present then the reviewer should be able to advise on whether to abandon the claim as unsustainable or to advise on progression after obtaining further evidence as a result of which it may be necessary to meet the expert on several occasions.

Stringent ‘discovery’ rules apply in most states. Discovery means that both sides to a case have at some stage to disclose all documentation that has been or is in their possession relating to the claim, subject to the exception of certain classes of documentation which are deemed to be privileged and do not have to be disclosed. It is advisable for the lawyer instructed on the claim to meet personally with the medical malpractice expert rather than have a written report at this stage of the case, as any written report may have to be disclosed to the other side under the discovery rules. After the meeting the experts opinion should be dictated by the lawyer into memorandum form which in most cases will be immune from direct discovery by the opponent.

Our attorneys keep a database of experienced specialist doctors, surgeons and academic researchers each one of whom can be called upon to act as a medical malpractice expert for the purpose of initial review of documentation. Many of these consultants are leaders in their fields and come from both academic and medical backgrounds. Full and detailed information is also available in regards to specialists who are willing to attend the court for trial to give evidence as expert witnesses. You can rest assured that your claim will be in safe experienced hands.

We can help you to exercise your legal rights to obtain the compensation you deserve. We'll ensure that you get a fair deal. Our specialist lawyers are all members of The Association of Trial Lawyers of America with a track record of many years successful verdicts and settlements. Your attorney will deal with your case using a contingency fee arrangement which means if you don't succeed in receiving a settlement then your attorney won't get paid. You will receive a complete professional service from lawyers who specialise in claiming compensation for personal injury caused as a result of clinical negligence. For free advice just complete the contact form and a specialist lawyer will telephone you immediately to discuss your compensation claim without further obligation.