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Maverick
Maverick, Attorney
Category: Personal Injury Law
Satisfied Customers: 3431
Experience:  Insurance Defense and Personal Injury
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How do I file a claim against a doctor who botched a surgery

Resolved Question:

How do I file a claim against a doctor who botched a surgery on me and covered it up?
Submitted: 3 years ago.
Category: Personal Injury Law
Expert:  Maverick replied 3 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.

 

The best way to handle this type of issue is to order five years of your medical history and make an appointment to see a local medical malpractice lawyer. They will usually evaluate your claim for free and if they like it, they will try to set up a contingency fee agreement with you where they get anywhere from 33% to 45% of what they recover for you as their fee.

 

 

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Maverick, Attorney
Satisfied Customers: 3431
Experience: Insurance Defense and Personal Injury
Maverick and 10 other Personal Injury Law Specialists are ready to help you
Customer: replied 3 years ago.
Why isn't it possible for me to just go to the doctor and ask for his insurance information so I can file a claim against it? Won't the insurance company investigate and decide whether or not a settlement is in their best interest?
Expert:  Maverick replied 3 years ago.

The insurance company has a duty to step in an defend the doctor IF he is sued. Since you do not have a direct contract with the doctor's insurance company, its not like filing a claim with your own home owners insurance, for example, where YOU do have a direct contractual relationship with the home owner's insurance company.

 

 

 

 

Maverick, Attorney
Satisfied Customers: 3431
Experience: Insurance Defense and Personal Injury
Maverick and 10 other Personal Injury Law Specialists are ready to help you
Customer: replied 3 years ago.
What happens if I file a complaint with the Nevada State Medical Board? They investigate but I do not get compensated for my pain, suffering, etc.? Or, is it possible to get an attorney after they investigate to arrange a settlement?

Since there is a $300,000 cap on malpractice, would I be liable to pay out-of-pocket attorney fees and medical costs even if I win if my insurance reimbursements are too much?

Sorry - should I ask each questions separately?
Expert:  Maverick replied 3 years ago.

The medical board will investigate but you will have to get a lawyer to help you arrange for a settlement. Because of the statute of limitations, I would not wait to get a lawyer.

 

On a contingency fee agreement the lawyer will only be able to take a max of 33% to 45% of the 300k if that is what you agree to and 300k is the limit.

 

 

Maverick, Attorney
Satisfied Customers: 3431
Experience: Insurance Defense and Personal Injury
Maverick and 10 other Personal Injury Law Specialists are ready to help you
Customer: replied 3 years ago.
What if I approach my health insurance company and Medicare to see if they would want to try to recoup their money - couldn't they go to the doctor's malpractice insurance company (as my representatives) and can't they do that simultaneously with the Medical Board complaint?
Expert:  Maverick replied 3 years ago.
Yes, they should have a right of subrogation to step into your shoes....whether they follow through or not is up to them...
Maverick, Attorney
Satisfied Customers: 3431
Experience: Insurance Defense and Personal Injury
Maverick and 10 other Personal Injury Law Specialists are ready to help you
Customer: replied 3 years ago.
This question is for Maverick.
Okay - now how do I find a great medical malpractice attorney in Las Vegas? Is there any way to determine an attorney's ratings based upon client satisfaction rather than peer reviews? If so, where?
Expert:  Maverick replied 3 years ago.

http://www.medicalmalpracticelawlasvegas.com/

Try the link above. I do not know anything about him personally but he seems to be very god at what he does.

Customer: replied 3 years ago.
Thank you but I already approached his office and he's out of California and not interested. Are there any decent client review websites?
Expert:  Maverick replied 3 years ago.
Maverick, Attorney
Satisfied Customers: 3431
Experience: Insurance Defense and Personal Injury
Maverick and 10 other Personal Injury Law Specialists are ready to help you

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