The process
How a malpractice case works
Plain answers about the expert review, the certificate of merit, deadlines, damage caps and fees. General information only: the rules differ by state, and we explain yours at the review.
Four questions decide every case
A terrible outcome is not enough on its own, and neither is a mistake that caused no harm. The law asks all four. Most of our work in the first months is answering the third.
- Duty
- The provider was responsible for your care. This is usually the simplest part.
- Breach
- The care fell below what a careful provider in the same field would have done. This needs an expert.
- Causation
- That failure caused the harm, rather than the illness or a known risk. This is where most cases are won or lost.
- Harm
- The injury led to real losses: medical costs, lost income, future care, pain, or a death.
Step by step, from the first call
Steps one to five are the review. They are free to you, and they end with an honest answer either way. Steps six to eight happen only if you decide to go ahead.
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Step 1: We listen
One call, about 30 minutes
You tell us what happened in your own words. We ask about dates, the people involved and how you or your child are doing now. There is no cost and no obligation.
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Step 2: We gather the records
Usually 30 to 90 days
With your signed permission, we request the complete records from every provider involved, including monitoring strips and the images themselves, not only the reports.
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Step 3: A nurse reads them first
Two to four weeks
Our registered nurse builds a timeline of what happened, hour by hour where it matters, and marks the questions a physician needs to answer.
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Step 4: Independent physicians review
Four to eight weeks
At least one physician in the same specialty, who does not work with the providers involved, reviews the timeline and the records. We pay for this review.
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Step 5: You get an honest answer
In a meeting, then in writing
We tell you whether we believe the care fell below the standard and caused the harm. If we do not, we explain why and return your records. If we do, we explain what a case would involve.
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Step 6: Certificate of merit and filing
When the law requires it
Many states require a written opinion from a qualified health care provider before or soon after a case is filed. We arrange it, then file the claim.
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Step 7: Discovery and more experts
Often one to two years
Both sides exchange records and take depositions. For serious injuries, a life care planner and an economist measure future needs.
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Step 8: Settlement or trial
When the evidence is ready
Most cases resolve through settlement or mediation. Some go to trial. The decision to settle is always yours.
The certificate of merit, explained
Many states will not let a malpractice case go forward without a written statement from a qualified health care provider saying the claim has a reasonable basis. It goes by different names: a certificate of merit, an affidavit of merit, or a good faith certificate with an opinion letter.
Its purpose is to stop claims that no qualified expert supports. We think that is fair, and it matches how we work anyway: no case is filed without an expert in the same field.
- Who signs it
- Usually a provider in the same or a similar specialty as the one whose care is questioned. Some states also require the lawyer to certify a reasonable inquiry.
- When it is due
- Depending on the state, with the complaint, or within a set number of days after filing.
- What it costs you
- Nothing up front. We arrange the expert and pay the fee as a case cost.
- What happens if no expert will sign
- Then we do not file, and we tell you why. That is the honest answer the review is designed to give.
Deadlines, explained generally
Deadlines can be short
If the care happened more than a year ago, or a public or VA hospital was involved, please call soon, even if you have not decided anything.
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Statutes of limitations
Every state sets a deadline to file a malpractice claim. In many states it is between one and three years.
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When the clock starts
Some states count from the date of the care. Others count from when you discovered, or should have discovered, the injury.
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Outer limits
Many states also have a final cut-off, sometimes called a statute of repose, that can end a claim even if the injury was found later.
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Children
Children's claims often have special rules. Some give more time, and some do not. The parents' own claims may run on a shorter clock.
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Public and federal hospitals
Claims involving public hospitals or federal facilities, such as VA hospitals, can require formal written notice within months.
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What we do
At the first call we note every date that could matter. If a deadline is close, we tell you the same day and explain the options.
Damage caps, explained generally
Damages are the law's word for what an injury cost. Some states limit some kinds in malpractice cases. A cap can change what a case is worth, so we explain it before you decide anything.
- Economic losses
- Medical bills, future care, therapy, equipment and lost earnings. These are usually measured with records and expert reports.
- Non-economic losses
- Pain, loss of enjoyment of life, and the effect on a family. Some states limit these in malpractice cases. Others do not.
- Total caps
- A few states limit the total that can be recovered in a malpractice case, whatever the losses.
- Rules change
- Legislatures and courts revisit caps. We check the current rule for your state and your case, and tell you how it affects a claim's value.
Fees, costs and time
$0
The review
The call, the records and the nurse and physician review are free to you, whether or not we take the case.
A percentage
Our fee, only if there is a recovery
A contingency fee set out in writing before you sign. Some states limit the percentage in malpractice cases. If there is no recovery, there is no fee, and you do not repay case costs.
2 to 4 years
How long most cases take
Birth injury cases can take longer, because a child's needs become clearer as they grow. We give you an honest estimate and a monthly update.
Ready for an honest answer?
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.