As Mr. Myers points out, the reason such a small proportion of medical malpractice cases are won at trial has little to do with the quality of the lawyers. The best medical malpractice lawyers are able to settle a large proportion of their cases. Otherwise, they would not be able to keep their doors open. When you interview lawyers, ask them about their settlements as well as their verdicts.
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Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.
Many very good top shelf attorneys have seen jurors reject their cases. It is not correct to equate positive judgments with the lawyer.
The last actual statistic that I have seen based on an actual study of cases that went to juries indicated approximately 90% of med mal cases that go to juries end up with a defense verdict, judgment for the medical provider. Among the factors included jurors wanting to believe in the integrity of the health care provider and overall juror bias.
Legislatures across the country are passing law by law, state by state tinkering with the med mal law and the political intrusion into the law has created more barriers to injured patients and tilted the scales further and further away from the consumer.
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
The 8% figure could be a combination of jurors unwilling to find doctors liable, tort reform and unfair jury instructions, You should look at an attorney's website to try and find out their track record in med. mal. cases. You should also schedule an in person meeting and ask them about their success with these type of cases. Local attorneys know the law and the doctors the best, so stay local in your search.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
Medical negligence cases are among the most difficuly, complex, and contentious for a trial lawyer. They take very hard work, experience, a masterful grasp of the medecine, the ability to find highly-credentialed experts, and excellent trial skills. I believe every state has its fair share of preeminent trial lawyers who represent victims of medical malpractice. I also think there is a great deal to be said to having an in-state lawyer because there are likley to be familiar with local courthouses, rules, defense lawyers, court personnel, and the trends of verdicts in the various counties around the state. A good starting place for finding the best lawyers in your state, is searching the most esteemed by-invitation-only trial lawyers organizations in the country with members in your state: the inner circle of advocates, the international society of barristers, the american college of trial lawyers, and the international academy of trial lawyers. Good luck.
Craig Anthony Schlapprizzi is licensed to practice law in Missouri and Illinois, and this answer is being provided... more
Craig Anthony Schlapprizzi is licensed to practice law in Missouri and Illinois, and this answer is being provided for informational purposes only. This does not consitute legal advice. This response does not create an attorney-client relationship.
More than likely, there are great med mal lawyers in Florida. Do your homework. Look at reviews on google, martindale.com, avvo.com, and from the newspapers. See what medical malpractice attorneys in your area have recovered for their clients. Call firms you think may be good, and ask to speak with an attorney. From my experience, the best firms will allow you to speak with an attorney immediately. A firm with low resources or man power will usually ask if they can call you back.
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Disclaimer: Nothing in this message creates an attorney client relationship absent a retainer agreement with this office. Any response to inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter.