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LegalKnowledge, Attorney
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How hard, timely and costly is it to take a Doctor to court

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How hard, timely and costly is it to take a Doctor to court for negligence and malpractice.?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Most medical malpractice claims are taken by attorneys on a contingency basis. What that means is that the attorney only gets paid, once they recover on behalf of their client. As such, if you have a valid claim and an attorney wants to take the case, it may not cost you anything, unless the attorney recovers, at which point they would be entitled to their agreed upon fee, after costs are paid. The issue with timing will depend on how complex the case is and if there presents an ability to settle. How hard it is to recover fits in here as well, since if the plaintiff has a strong case where there is clearly malpractice, then the defendant would be more inclined to settle the matter, instead of having it litigated. They would want to try to minimize their expose. At the same time, if they think they did nothing wrong and the claim lacks merit, this is something that could go on for years, if the parties are fighting over everything, throughout the lawsuit.

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Customer: replied 4 years ago.
Thank you for answering my question. My doctor just about killed me. I think I have a case but it will include two doctors. Maybe its better to just find a new doctor, which I have. I don't want to go through years of deliberating and then lose. I also on the other hand have had this happen before with another doctor and about died from cancer due to a misdiagnosis. Thing is neither doctor did tests it was just their opinion. Because of lack of testing and concern for my health I feel why should they get away with it. Don't know what Ill do yet. Thanks again!
Barbara, I do understand. Most attorneys will consult with you for free about a case like this, so it does not hurt and should not cost you anything, to see if you have a valid cause of action.
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