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Eric Turkewitz, The Turkewitz Law Firm, New York, NY |
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Thursday, November 30, 2006No, your medical malpractice case will NOT settle fast
When starting a New York medical malpractice case many folks invariably ask, "How long will it take?" I'd love to give a good answer about how fast the courts move, or how quickly insurance companies offer a quick settlements, but that's not the way it works.
It will take years. Even if a surgical team leaves a clamp or sponge inside you, the defendants are unlikely to even discuss a settlement until the time of jury selection. The reasons are not terribly complex, and are related in part to the fact that the defendants' insurance companies will hire the defense lawyers and plot the strategy:
And because of this, any medical malpractice case that is taken must be prosecuted and prepared with the intent to take a verdict. It would be foolish to hope for a settlement offer that may never come. Labels: Medical Malpractice
Comments:
I hate to offer a less conspiratorial theory - because you got a good Oliver Stone thing going there, Eric - but I would also include that fact that med mal cases tend to require a little more factual exploration to figure out the likelihood of liability and the extent of the injures. We tend to file suit in almost any serious case because until discovey is done, both parties tend to want to pay (or recieve) the best case scenario for them.
Well, that doesn't explain the refusal to settle (or even to ask for a demand) on cases where foreign objects were left behind.
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In New York, most everything gets litigated. I don't even bother with demand letters since that just wastes time. Links to this post: << Home
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Subscribe by EmailAbout the authorEric Turkewitz has litigated New York personal injury and medical malpractice cases for 20 years, and is the founder of The Turkewitz Law Firm in New York. His firm's website is at www.TurkewitzLaw.com. View by Label
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