Medical malpractice lawsuit - how handled?

[BigJohn]

I have planning to file a medical malpractice lawsuit against a hospital/doctors of hospital.

What happened:
Was given cortisone pills for pain in both of my knees. I had a bad reaction in which I lost some of my vision. I had to get new glasses in order to read and drive. This is one of the side effects, but it is rare. The hospital diagnosed that I did have a bad reaction but did nothing to correct the damage. Another side effects is diabetes. Shortly after, I came down with full blown diabetes. A1C of 13.2. Instead of hospitalizing me, they kicked me out of the Emergency Room with a blood sugar count of 440. I went to my primary care provider and was ordered to go to the hospital. I was in the hospital for 4 days.

Where we stand in regards to bankruptcy:
We are getting the necessary information together. We have a lawyer but we have not filed.

My questions:
I understand the trustee gets his hands on the settlement, if there is one. Will he take up to 100% for secured and unsecured creditors?
Will this reduce the length of our plan? Ideally the plan is paid off?
Are there some unknown things I am not aware of?

[Flamingo]

I am sorry to hear you went through all that. You must inform the attorney you retain to file your BK about the pending lawsuit and he/she will advise you accordingly as to what may or may not be done if/when there is a settlement. Please note that malpractice lawsuits can take many years, especially if the hospital/doctors involved fight it and expert witnesses get involved.

Have you spoken with a malpractice lawyer yet about filing a lawsuit? If not, it would be best also to mention your intention to file BK soon.

[workinghard]

One thing about malpractice claims, they will find out you filed a BK and try to use that against you and yes they can drag out for a while if it goes to trial. So, a good lawyer is essential.

[qwertysue]

Between the car fiasco and this, you've had a string of bad luck. Hopefully things start coming together for you soon.

Some quick info on Medical Malpractice:

The typical medical malpractice case takes between 1 and 2 years from the date the complaint is filed to get resolved.

Medical malpractice cases are expensive to litigate. It typically costs between $40,000.00-$75,000.00 to litigate these cases.

In order to prevail in a medical malpractice action, the plaintiff must prove that the doctor or other health care provider was negligent. In order to prove negligence, it must be proven that the outcome was not a reasonably foreseeable complication of the surgery or procedure.


On the BK front: You will be asked if there are any pending or upcoming legal activities or if there is a possibility of you receiving money as the result of a settlement.

.

[lrprn]

The key to whether a medical malpractice attorney will take on your case is the type and degree of permanent damage you suffered that can be PROVEN to be directly caused by the medical mistake. When an adult is involved, if there are no permanent physical damages that severely limit or prevent employment, then most med mal lawyers will say it will cost more to litigate the case than the case can earn in return even if you win the case.

As qwerty already said, med mal cases are VERY expensive. Only the worst cases make it to court. Saying you intend to sue is a long way from actually being able to sue.

From what you've described so far, as a medical professional (critical care nurse who has had to give mulitple court depositions and testify in several malpractice cases), I'd say your case is weaker than you believe.

You need to set up an appointment with a medical malpractice attorney in your area asap, because medical malpractice cases have a time limit set by your state (often 1-2 years after the event) after which you aren't allowed to bring suit. Get going and find out where you stand.

[momof5]

In my state, you get the first $7500 and the trustee gets the rest.

[qwertysue]

Oh, and read all your paperwork (admission paperwork, financial guarantee, etc.) to make sure that didn't give up your right to sue them. Many physicians and hospitals now have a form/signature line that indicate that limits legal action to arbitration.