My name is Danielle Diaz. One of the things I've learned in life, both inside and outside the courtroom, is that it is important to not see others as your enemy. Even though you may see the prosecutor as your enemy, he or she is just trying to do a job. It may be possible that you can get a prosecutor or the judge to be sympathetic and get him or her on your side. In order to accomplish this, you need to understand the law. I feel that most individuals do not understand the law, which is why I was motivated to create this blog.
You or a loved one might have needed to seek treatment and were misdiagnosed, or perhaps your doctor was too tired and made mistakes. These are only a couple of grounds toward filing a medical malpractice suit. While you are well within your rights to be compensated for whatever went wrong with your treatment, you might think the cost of filing such a claim is out of your reach. It might help to know the breakdown of the costs associated with filing a claim so you can make your decision if this is the right course for you.
Medical Expert Testimony
Your lawyer knows the legal ramifications of medical treatment gone wrong, but you need a medical expert to determine exactly what did go wrong. When you have a separate doctor examine the case files and see what the original professional did, it can help determine if they or the hospital is negligent and committed medical malpractice.
The court will accept testimony from another licensed doctor who practices the same type of medicine as what you were treated for. This is considered medical expert testimony and while this doesn't come cheap, it is very valuable to your case. It might be possible that you will need the opinion of more than one expert depending on the complexity of your case.
Filing Fees and Costs
It isn't free to file a case with the courts and depending on the case itself, it can get costly. You must file the right documents with the court and there are fees associated with filing that your lawyer does on your behalf. These fees can get pretty high and if you have several motions to file, you might feel it is cost prohibitive to continue.
Other costs you need to consider include depositions, court reporting and even video recording all tend to be added to the price of your court case.
Most people think that hiring a lawyer will be the most costly part of the process, but this isn't always the case. The majority of medical malpractice lawyers will take your case on a contingency basis, meaning they get paid if they win the case by receiving a percentage of your overall winnings. This means, if you don't win your case, you don't pay your lawyer anything. It is also possible that your lawyer may cover the upfront costs of having your expert witnesses testify and will be reimbursed once you win.