Questions
Questions families ask us
Plain answers, grouped by topic. General information only: rules differ by state, and your own situation deserves a conversation.
Is it malpractice?
What counts as medical malpractice?
Care that fell below what a careful provider in the same field would have given, and that caused real harm. Both parts must be true. A mistake that caused no harm is not a case, and a bad outcome without a mistake is not a case either.
The outcome was terrible. Does that mean someone made a mistake?
Not necessarily, and often not. Medicine carries real risks, and some illnesses cannot be stopped. Many of the families we speak with had a terrible outcome that no one could have prevented. We tell them so, and we explain why.
The doctor apologised. Does that prove fault?
No. Many states have laws that keep a provider's expression of sympathy from being used as an admission of fault, and an apology often means only that the doctor is sorry it happened.
Can I have a case if I signed a consent form?
Often, yes. Consent covers the risks that were explained. It does not cover careless technique or a problem that was ignored afterward.
Deadlines
How long do I have to bring a claim?
It depends on your state, the kind of provider, and when the injury was discovered. Deadlines can be as short as one or two years, and claims against public hospitals can need notice within months. Call early, even if you are not sure you want to go ahead.
I only recently learned something was wrong. Has the deadline passed?
Maybe not. Many states start the clock when you discovered, or reasonably should have discovered, the injury. That date is often disputed, so it is better to ask now than to rely on it.
My child was injured at birth years ago. Is it too late?
Not always. Children's claims often have special deadlines. Some states also have outer limits that apply anyway. A free review will tell you which dates apply to your family.
Cost
What does a case review cost?
Nothing. The call, the records request and the review by our nurse and an independent physician are free to you, whether or not we take the case.
How are your fees paid?
We work on a contingency fee. Our fee is a percentage of any recovery, set out in writing before you sign. Some states limit the percentage in malpractice cases, and we will show you the exact schedule. If there is no recovery, there is no fee.
What about case costs, like expert fees?
Malpractice cases need experts, and experts are expensive. We pay those costs as the case goes. They are repaid from a recovery, as your agreement explains. If there is no recovery, we do not ask you to repay them.
The process
Do I need my medical records before I call?
No. Tell us what you know. With your permission, we request the complete records ourselves, which is usually faster and more complete.
Will the doctor or hospital find out I called?
No. Your call and our review are confidential. Providers learn about a claim only if one is made.
How long does a case take?
Most take two to four years. Birth injury cases can take longer, because a child's needs are clearer as they grow. We will give you an honest estimate for your case.
Will I have to go to court?
Most cases settle, but you may give a deposition, which is a recorded interview with lawyers present. We prepare you for it. If your case goes to trial, we will be beside you.
Birth injuries
Can a parent fill in the evaluation for a child?
Yes. Most birth injury evaluations are started by a parent or guardian. The form asks who is filling it in and adjusts its questions.
Our child's diagnosis came years after the birth. Can you still review it?
Yes. Cerebral palsy is often diagnosed between one and two years of age, and some conditions later. We review the birth records together with what has happened since.
Will a claim change the care our child receives?
It should not. Providers may not treat a patient differently because of a claim, and many families keep the same specialists. We talk through any worry before anything is filed.
Still have a question? Ask it.
A free, confidential review by our nurse and an independent physician. If we do not believe it was malpractice, we will say so and explain why.