Medical Malpractice Case

I always wanted to share my medical malpractice experience, and I think this is a great opportunity to do so, in hope that others in similar situations will do the same. Before we left on vacation, my wife wanted to get a procedure done on her spine to relieve pain, that had been performed several times before. Unfortunately, this last time the doctor failed to do it properly and she was left paralyzed on one side. She suffered further complications which left her in constant pain and unable to walk unassisted. It is near impossible for her to function so I make her food, bathe her, dress her, fix her hair, etc. Needless to say, our life was completely turned around.

All of our friends and relatives tell us that we should sue for a lot of money. Nevertheless, this is not as easy as it may sound. The main issue is finding a lawyer. Expenses are $50,000 to $250,000 to try the case. If the lawyer loses, the money comes out of his pocket, which is all well and good, except that in 75% of the cases that go to trial, the doctor wins, So lawyers are very wary of taking the case, unless they are very confident of winning. Second, we have to provide written expert opinion from doctors in the same field, who will testify to the malpractice.

We have already spent more than $45,000 of our own money, not counting what medical insurance covers. I estimate that over the course of my wife&;s life we will need from $1,000,000 to $1,250,000 to cover extra expenses, and that is being optimistic.

Another obstacle is that doctors today learn how to protect their assets. So even if we do go to trial and win a two-million dollar award, the doctor&;s assets are protected, he will file bankruptcy, and the most we will get is the limit on his malpractice insurance &; $750,000. Furthermore, medical insurance companies have a little clause in their policy called subrogation. This means that if you recover money in a case, they will expect you to pay back all of the money that they spent on hospital bills, rehab, and whatnot.

Following negotiation with the medical insurance company, and after lawyer fees and expenses, we may be able to recover about $250,000, but even that falls short. What about the constant pain and suffering my wife goes through every day, her inability to live a normal life, and the likelihood that she will spend her last years in a nursing home when I am no longer able to care for her? Not to mention the change in quality of life I have as a caretaker. $250,000 is not enough, by any stretch of the imagination, to meet the rising financial strain.