Do You Have A Medical Malpractice Case?
We have been hitting pretty hard on ATV accident articles and our experience as a personal injury law firm for accident victims. I need to write about something else today. We are getting a lot of calls on potential medical malpractice cases. Unfortunately for injured patients, the Iowa Legislature, that is controlled by Iowa’s Republican Party, along with the Republican Governor, have put up roadblocks to most of you. Apparently, you do not donate enough to their campaign war chests to make you a priority.
Do You Have a Medical Malpractice Case?
You might, but first ask, is it feasible to file? Not allowing patients to recover is a higher priority to the Iowa Legislature and Governor than compensating victims of medical negligence. My son argues with me about not getting political and he has every right to think what he wants to think; even when he is flat-ass wrong. As a lawyer, if you do not practice in the area of personal injury lawsuits, you can have any opinion you want. But that will not change what the personal injury bar does when it comes to taking determining which cases are economically feasible and which are not.
The Iowa Legislature Destroyed Workers’ Compensation Cases
Same thing happened in workers’ compensation cases. They, you know who, just read above, destroyed the safety net for injured workers by changing the rules and making the game totally their game focused on making you, the injured worker, quit. You quit and the rules destroy your right to future benefits. As lawyers who do not represent the injured, they can have whatever opinions they want to have, but when it comes to actually being able to take a case, that case has got to be economically feasible. And right now, most are not. If you want it to change, then vote differently.
How much do medical malpractice cases cost to win?
So, let us talk a bit more about the medical malpractice case. First rule is the deck is stacked against you. They want you to lose, even when it is immoral for them to win, they still want you to lose. Judges can not help you to win those cases. Because judges are like umpires, calling balls and strikes. Judges do not call the play to make anyone a winner or a loser. As a lawyer file the case and you are on your own. Across the table from you is a well-paid-hourly lawyer getting $300.00 per hour to make your life miserable. Behind that medical malpractice defense lawyer is a gaggle of well-paid defense associates all trying to make partner by destroying your case. Morality is not their guiding light. Winning is. They win, you lose.
Let Us Not Forget the Statute of Limitations
Then we have the injury event. Then we have two years to just file suit. But before we can file suit, we have to know we have a case. We first order the medical records, organize them in notebooks, read the records, understand the terminology, the diagnosis, the treatment, and the prognosis. After we do that then we start thinking about hiring an expert.
Hiring an expert is not as easy as you might think it is. It includes many steps, including finding a qualified medical expert, hiring them, paying the expert a fee retainer of between $2,500 to $15,000 just to look at your case. Then crossing our fingers and hoping we get back a favorable opinion. In 42 years, I have never found a single client who was willing to pay the thousands of dollars it takes to retain a medical expert. The lawyers take that money out of their pocket and then essentially make an educated guess that everything will fall into place.
Where is the Big Gun? Who is the Big Gun?
Let us talk about those experts. There is something known as the “Code of Silence.” It is the idea that you cannot sue a medical professional for malpractice without the opinion of a professional who practices in the same area as the one you are suing. The way they see it, if no one agrees to testify against another colleague, then your case goes nowhere. Medicine is not a higher calling ordained by the Pope. Nope. It is about money. The doctors can brag while on vacation or at the country club about how what they do saves lives, but do not ask them how many lives they have diminished or destroyed. We are not going to talk about that. Nope, not even to the Pope. I once heard it said, lawyers’ mistakes are published, the mistakes doctors make are buried.
It Is All an Educated Guess
Let us assume we find an expert and that expert provides a favorable opinion. Then we have to file suit before the two-year statute of limitations lapses and then we have to file a certification signed by an expert that we have a legitimate case. While this certification sounds like a good idea, it is being used as a trap. Lawyers who take on these cases, but who lack the requisite experience are missing the certification requirement. Meanwhile your Governor and Republican Legislators are laughing while collecting all those campaign contributions from negligent doctors and other medical professionals.
Follow the Money
You see, it is a game, but it is not a fair game, it is a guessing game. A guessing game where you will be outspent, outmanned and technically behind the eight-ball.
The Lombardi Law Firm
Lombardi Law Firm is a civil litigation firm. We have represented the victims of medical malpractice. We do not take every case. Some cases we refer. We are a personal injury firm with a long history of recovering substantial sums while caring about our client’s future. If you have questions about your legal options, or would like to just talk with a lawyer, call the Lombardi Law Firm. There is no charge to talk with us. If we take your case, you will not be charged unless there is a recovery.
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