Medical Negligence Lawsuit Representation

STAGE 1: Initial Consultation and Preliminary Case Review

Attorney's Actions:

• Conducting client interview;
• Reviewing medical records, treatment history, and physician notes;
• Determining potential breaches of medical care standards;
• Consulting with independent medical experts (if needed).

STEP 2: Gathering Evidence and Preparing the Lawsuit

Attorney's Actions:

• Obtaining complete medical records (via HIPAA requests);
• Hiring a medical expert to provide an official opinion on medical negligence;
• Conducting a legal analysis to assess damages, including economic and non-economic losses (lost income, pain and suffering, etc.);
• Preparing and filing a Notice of Claim (in some states, this is a mandatory requirement before filing a lawsuit);
• Drafting and filing the complaint with the court.

Estimated Costs:

1. Medical expert: $2,000–$5,000
2. Lawsuit preparation: $2,500–$10,000

STEP 3: Pre-Trial Settlement and Negotiations

Attorney's Actions:

• Participation in negotiations with representatives of the hospital, insurance company, or the defendant's attorneys;
• Evaluation of settlement terms;
• Representing the client's interests in mediation or negotiations;
• Providing recommendations on the advisability of accepting a settlement.

Estimated Costs:

Typically paid as a percentage of the recovery (contingency): 33–40% of the compensation if a settlement is reached.

STEP 4: Court Proceedings

Attorney's Actions:

1. Preparation of procedural documents (memoranda, motions);
2. Preparation and examination of experts, witnesses, and doctors;
3. Representing client's interests in court: opening statements, examinations, cross-examinations, closing arguments;
4. Protecting client's rights in case of appeals or counterclaims.

Duration: 6-24 months (depending on state, court workload, case complexity)
Estimated Costs:

• Under contingency fee: 33-40% of the awarded amount
• If hourly billing: $300-$700/hour

Total litigation costs may reach $30,000-$100,000+ (including experts, research, travel expenses, etc.).

STEP 5: Enforcement of Court Decision or Settlement Payments

• Attorney's Actions:
• Coordinating the compensation process (lump sum or installments);
• Negotiating tax implications of the compensation;
• Managing the appeals process (if necessary);
• If needed - filing for enforcement of the court judgment.

Estimated Costs:

• Typically included in the attorney's overall fee
• For additional proceedings - hourly rate of $300-$500/hour