ERNST & YOUNG
It’s the wish of everyone to get the correct prescription and treatment when sick. Unfortunately, this is not always the case. While most doctors strive to provide the best treatment services, some complications still arise. Such complications can result from wrong drug prescription, inappropriate treatment, or even deceptive marketing. And when that happens, the victim may face a hard time both financially and emotionally. Thanks to mass tort claims, the medical malpractice victims can be compensated for the injuries and time lost. If your dear one has suffered under the hands of health experts, this guide is for you. Read on to know more about mass tort medical malpractice cases and how long they can take.
Understanding a Mass Tort Medical Malpractice Case
A mass tort claim is any legal action filed by different injured plaintiffs. Though the claim is filed as a group, every plaintiff has a separate unique case. If the claim is successful, every plaintiff gets a unique compensation amount based on the case. This means that the court divides the settlement amount into different portions according to the number of cases in the mass tort.
The typical mass torts claims include:
- Anesthesia errors
- Medical negligence and delays
- Birth injuries
- Surgical mistakes
- Defective or dangerous drugs
There’s no specific timeframe for mass torts since each case is unique. But, there are multiple determinants for the timeframe that we will discuss later in the article.
The Mass Tort Medical Malpractice Case Process
Though each case is quite different, lawyers follow a general process to help their clients. Here is a general preview of the process:
The lawyer reviews the medical records of the plaintiff to check if the claims are valid. By checking the medical records, the lawyer can see any wrong medications or prescriptions that the plaintiff might have received.
The lawyer examines the physical condition of the plaintiff for any injuries worth compensation. The lawyer can also have a detailed talk to get any other necessary which may not be evident in the medical records.
Assuming that the lawyer has comprehensive information of the case, the lawyer files a claim with the federal court.
The lawyer sorts out the claims applications to know the approved and the rejected ones. If the court denies a claim that should have been approved, the lawyer may go on for another trial. At this stage, the lawyer should also group similar cases ahead of the mass torts hearing.
Compensation is the last step of the mass torts cases. Should the court fail to deliver the right a fair compensation amount, the plaintiff’s lawyer can proceed to another trial until the plaintiff gets the proper compensation.
The Main Determinants for the Mass Medical Malpractice Tort Cases
Ideally, the mass tort cases take a relatively more extended period than individual medical malpractice cases. This is because of the complexity involved. The lawyer should carefully review each case.
Nevertheless, some cases go on smoothly and take a short time, especially when there is enough evidence. Here are the main factors which determine the time taken to complete a mass tort case:
Ideally, a mass tort takes a short period if there’s enough evidence. From the medical records to the witnesses, handy evidence persuades the court that your claims are valid. However, if you don’t have enough evidence, the lawyer has to help you gather more evidence, meaning that the case can take an extended period.
It is advisable to get your medical records and other pieces of evidence to shorten the time that your mass tort case takes.
The Number of Witnesses
It’s hard to coordinate a large number of witnesses. If your medical malpractice case involves many witnesses, the chances are high that your case will take a more extended period. You can shorten the time by coordinating your witnesses and informing them of the court’s progress.
The Complexity of the Case
A mass tort case is said to be complex if many doctors are involved, or if the case involves several malpractices. If many doctors are liable, the court must reach every doctor, and that process may take a more extended period.
Also, your case may be complex if you have sustained many injuries which need a large amount of compensation, as well as comprehensive medical examinations. The more complex the case, the longer the time it might take. Nevertheless, a good mass torts lawyer should review your case and offer advice accordingly.
Sometimes, your case may take longer if the doctor or the hospital responsible for the injuries is not cooperative with the case. Maybe, they have refuted the claims, or they are not willing to settle the amount ordered by the court.
The Lawyer’s Expertise
The type of lawyer you work with can determine the time that the case will take. As a rule of thumb, you should only work with a seasoned mass tort lawyer. The ideal lawyer should have a long proven record of successful cases. They should also be reputable for you to be sure that your case will be successful.
Is a Mass Tort Medical Malpractice Worth It?
It’s no doubt that a mass tort case can take a prolonged period depending on the factors discussed above. Nevertheless, a mass tort case is all worth it. Failure to go on with the case may result in severe health issues in the future or emotional instabilities.
Worse still, you may be financially drained if you spend large amounts of money on the recovery process. When you initiate the claim, you can get the compensation you need to protect your health and finances.
Are you or dear one suffering from a medical malpractice injury? Don’t worry; the situation can indeed be stressful, but you can get compensation. With the help of the Weltchek Mallahan & Weltchek legal team, you can pursue your financial recovery journey together with other victims.
We take pride in using our legal expertise to help you win cases on medical malpractice, medical negligence, birth injuries, wrongful death, and many more. Contact our team today for free consultation and advice on the way forward.
Who Can You Trust with Your Case?
Have you or a loved one been injured due to negligence? We want to help. Don’t hesitate to contact us if you believe you have a case; time is an important factor. Interested in learning more? Get in touch with us so we can better evaluate and serve your needs in getting the justice your loved one deserves. You may very well be entitled to compensation.
Call For a Free Consultation