Darl Hilton Champion Jr.’s Answers

Your insurance company has a duty to defend you and will hire an attorney to represent you in the case. If at some point you believe there is a conflict of interest between you and your insurance company, you may want to hire personal counsel to advise you of your rights. However, based on the facts presented, it doesn't sound like you have a situation where you should be concerned about your insurance company representing your interests.

You may have a claim for a violation of your constitutional rights, but it will depend on the facts of the case. There are a number of hurdles to suing governmental entities and their employees. As a result, you should consult with a knowledgeable attorney who can advise you of your rights.

In any medical malpractice, you need to prove that the doctor breached what is known as the "standard of care" to establish negligence. To prove that a doctor violated the standard of care, you generally need expert testimony--generally, the testimony of another doctor. Once you are able to prove negligence, you have to prove damages. Because medical malpractice cases are so expensive, the damages generally need to be fairly high in order for an attorney to justify the economic risk of...