Medical Malpractice Lawsuits are Very Expensive to Pursue

Costs Can Pile Up Quickly in a Medical Malpractice Case

Strong jury bias in favor of doctors.
Medical malpractice cases are difficult. There is a strong bias in favor of doctors. After all, we would all like to believe that our doctors and other medical providers are competent and looking after our best interests. In addition, Tort Reform over the last 30 years or so has biased many in the public against patients who have suffered injury or wrongful death at the hands of medical providers.

Medical malpractice cases can and generally are very expensive to pursue.
There are a number of expenses with medical malpractice cases that are not typically present in other personal injury cases. The most prominent and costly among these is the costs of medical experts.

In order to pursue a medical malpractice lawsuit, you must have a medical expert in the relevant medical field to testify that indeed there was medical malpractice in the case and it was the cause of injury or death to the patient. In some cases, there may be the need for multiple experts. The same goes on the other side meaning the defendant medical provider must also present experts to testify that there was no medical malpractice.

The costs mount very rapidly from the date that a case is taken under review by our firm. Once we have determined that a case may involve medical malpractice, we present the case to an expert for review of all of the medical records. This initial review is fairly expensive and this review is purely for an initial determination of whether the case should be pursued by our firm.

In the event that the expert indicates that the case should be pursued, the expenses can go significantly higher. If a case is filed, then the other side will want to take the deposition of the expert(s). Preparation for the deposition can require considerable time on the part of the expert.

In addition, depositions of the other side’s experts must be taken. In order to take the deposition of the opposing party’s expert, the expert will charge the deposing party for the deposition time. The billable rates can be very high.

Finally, with regard to experts, if the case goes to trial, the expert must be paid to come to New Mexico to testify in court. As one might imagine, this can be quite costly.

Though experts are the biggest expense in a medical malpractice case, they are by no means the only costs. The other costs can be considerable as well.

Costs and difficulty make these cases fairly high risk to pursue.
Couple the high risk nature of medical malpractice cases due to jury bias with the very high costs of pursuing these cases, it is necessary our law firm to carefully screen these cases. This means clear medical malpractice along with very significant damages (injuries and losses) to the patient. Unfortunately, without both, it is just not possible from a business perspective to pursue these.

Although we review a lot of cases, we must decline the great majority. These are rejected for one of two reasons. The most common basis for rejection is that we do not see sufficient evidence of malpractice to justify the costs of the initial expert review. Second, we often see clear malpractice but insufficient injuries or losses to justify very costly and high risks litigation.

The Albuquerque attorneys at Collins & Collins, P.C. are always happy to provide a free initial review of the information you submit. If the case appears to have merit and significant damages, we will then run it by the expert. From there, we rely entirely on the expert’s opinion as to whether we move forward.

We can be reached online or by phone at (505) 242-5958.

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