Long story very short.
Work injury results in torn acl. Doc performs acl replacement surgery. No change in knee condition. I asked for three months to get a MRI to double check the new ACL, but he never ordered one. My leg was severly hyperextending and sliding out of socked- doc said that was normal.My personal knee doc says tunnels are off to the point that if the ACL is there than it is not doing anything and that I also need an ALL replacement. Workcomp sends me to a 2nd doc that confirms 100% with my doc. I had a bone graft surgery to fill the incorrect tunnels and now I need to wait to have the other surgery.
I have a lawyer working with me, but he says it might not be a cost effective case. He seems like a very good attorney, but I just wanted to double check.
No one here can answer your question here. Basically you need the "long story" not the short. THe value of a case is dependent on many factors: Here are some-- are you likable? Jurors want to help people they like. Very important factor! What about the defendant--nice doc or arrogant? How strong is liability? Your PCP doctor will not enough. I assume your lawyer has a board certified orthopedic surgeon as an expert. How does that expert stack up against the other side's expert and the opinion she expresses on behalf of the defendant. HOw does this injury affect your life. Look suppose I injure my pinky and it does not work well. In my job it really does not matter much does it? If I am a concert pianist then that's a big deal. What county are you in? Google the 2012 Presidential election. If your county voted overwhelmingly for Romney your case is worth a lot less. These are just some of the factors that must be considered.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
There is no average. Cases depend on time of disability, lost wages, your age and activity level, ability to prove malpractice, likeability of the parties, venue and numerous other factors.
Missouri law is typically very plaintiff-friendly with regards to medical malpractice. The case may be costly for you, with regards to depositions, court fees, etc., but the state no longer has the $350,000 pain and suffering cap in place. No one here can tell you what the average "outcome" is by a jury, because juries (especially in St. Louis) are very fickle, nor by a settlement, because each one is different. You need to have a conversation directly with your own attorney to discuss for what amount you will be suing in order to make it "cost effective" for the two of you.
This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship. Neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialist designations. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results do not guarantee future results. Every case is different and must be judged on its own merits.
Your attorney is correct that medical malpractice can be expensive to litigate. For the case to be valuable, the damages usually must be very high. Unfortunately, this means that even though a medical provider may be at fault for causing an injury, the case may not be valuable due to the expense of litigating the case.
As to an average outcome, there are so many factors that go in to the value of the case that it is nearly impossible to tell.
I'm going to disagree with my Missouri colleague that Missouri malpractice law is generally "very plaintiff friendly." I disagree because I don't want you to get the wrong impression. As others have said, you need the long story. I handle virtually nothing but medical malpractice and I have been practicing law in Missouri for 27 years--I can give you an opinion, but only with hearing the "long story." What you are describing has the potential to be a viable case. You haven't had the 2nd surgery done yet and you don't know what that outcome will be. I'm happy to discuss with you at length.
This answer is provided as a public service for informational purposes only. Providing this information does not create an attorney-client relationship. As with all legal matters, you should contact an experienced attorney in your geographical area to discuss the law specific to your state. For more information, see www.hendricksonlaw.com.
There is simply no way to give you an answer other than you may or may not have a case that would be financially feasible to pursue. Get a second opinion. I will say however that Missouri is in no way a plaintiff friendly state when it comes to medical malpractice cases.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline