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What Makes Medical Malpractice Lawsuits So Difficult?

Posted by Scott M. Peterson | Oct 19, 2015 | 0 Comments

Three C's That Make Medical Malpractice Lawsuits so Difficult

Medical malpractice lawsuits are difficult, for a number of reasons. Three of these reasons may be described as the “Three C's”, and they are Cost, Consent and Courage. 1) Cost: Medical malpractice lawsuits are among the most expensive lawsuits to pursue. This starts at the very beginning, when the lawyer for the potential plaintiff is required to have the case reviewed by a medical expert. Expert expenses continue throughout the course of the lawsuit, as the lawyer needs to ensure that a quality expert is on board at all times. If medical malpractice cases go to trial the costs often exceed $25,000. 2) Consent: a somewhat little known part of medical malpractice lawsuits in New York is that most doctors have insurance policies that contain what is known as a “consent” clause. This means that the doctor must consent to the insurance company settling the lawsuit. This is different from most insurance – for example if you are in a car accident your insurance company may just settle the claim without your consent. And this makes a difference, because doctors are often hesitant to settle lawsuits out of fear that it will hurt their professional reputation. 3) Courage: make no mistake, it takes courage for another doctor to go into court and testify against a doctor. It also takes courage for a jury to look a doctor in the eye and tell him or her that they committed malpractice. And sometimes, it seems, juries are simply unable to say this to a doctor, which will result in a verdict in favor of the defense. If you have questions about a potential medical malpractice lawsuit give us a call. As you can see these cases are difficult, and we only accept a very small number, however we are always happy to provide some helpful information.

About the Author

Scott M. Peterson

Scott M. Peterson is the founding partner of D'Orazio Peterson, having left a partnership at a large regional law firm to limit his practice and focus on helping people protect their families.


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