What questions are most frequently asked of a meningitis malpractice lawyer?

1.  How much is my case worth?

This is a difficult question to answer and depends on many factors, including the law in the state where the malpractice occurred (some states have caps on the amount of damages that can be awarded).  Other factors include how likely it is that the patient will win the case, and what injuries the patient suffered as a result of undue delay. Also, a case is never worth more than the Defendant can pay.  If the case is against an individual physician only, the value of the case may be limited by the size of the doctor's insurance policy.

2.  How long will the case take?

Each jurisdiction is different, but it is more common for a case to take a few years than it is to take a few months.

3.  What medical records have to be gathered?

The most important records are those from the date the patient first became ill to the time the patient was finished treating for the meningitis. However, if a lawsuit is brought, records will probably be needed for all medical treatment after the date of injury.  For children, records from birth (and in some cases, before) will be desirable.  For adults, medical records going back 10 years or more are sometimes requested.

4.  What types of experts need to be consulted?

Experts are consulted in a number of fields.  In most states, the opinion that malpractice has occurred must be made by a health care provider with similar credentials to the person being accused of committing malpractice. Also, experts in the tricky causation issues involved in a meningitis case are almost always needed.  For example, an infectious disease expert or a neurologist (or both), are often helpful. In addition, damage experts are needed, including someone who can quantify the loss of earning capacity, the amount and type of future medical attention. An economist is often used to discuss the effects of inflation over the lifetime of an injured child.

5.  How much money will it take to pursue my case and who pays for those costs?

Meningitis malpractice cases are very expensive and can cost tens of thousands of dollars. Experts need to be consulted in many fields. They are paid a high hourly rate to read medical records, research issues, consult with attorneys and give sworn deposition testimony. Besides expert consultants, money is generally spent purchasing medical records, paying filing fees and buying deposition transcripts of the witnesses who are interviewed under oath during the lawsuit. Because most individuals do not have that kind of money to invest in a lawsuit, it is important to pick a law firm with the financial resources adequate to advance case costs. If there is a recovery, the case costs are reimbursed to the law firm.

6.  How are the lawyers paid?

Most malpractice attorneys will work on a contingent fee basis, taking a percentage of the amount recovered to pay their fee. No fee is charged if there is no recovery.