i am in a Law suit for a Dr. that did wrong surgery on my husband spinal cord should i go to trial or settle 4

Question

my husbands surgery they read the wrong x-rays and removed the c-5,6,7 disc in his neck and they should have only did the c-3 my trail date against the Dr. and hospital is in Aug.2008 they want me to settle for 100,000 and let the doctor get away with it or do you think i should to take it to trial and take it public

Answer 1

Now so you know; I worked for 10 years as a public liability settlement negotiator.

It is important for us to know if this is their first offer, 3rd or final offer. What country are you in. $100,000 is nothing in the USA but could be a fortune in South East Asia. Settlement negotiations are based around risk and fact. That is the facts of the case, not emotion or what you think you are entitled to.
There are loads of things that you need to include in a settlement negotiation.

First, they have come out and made an offer. If this is the case the doctor's lawyers are probably concerned. They may feel they are gone on liability and it is just a matter of quantum (the amount of money they finally settle for)

To put a figure on your husbands situation you need to include a number of factors;
1. Did the botched surgery really make his situation much worse. Clearly he had back problems prior to the surgery or he would not have been having his c-3 out. How much worse has the surgeon/hospital's error made of his life.
2. His level of pain and suffering. Medical reports usually provide an indication of a persons pain and suffering and how this impacts on their whole life; family, independence, work, mental health etc.
3. His past medical expenses but just those relating to this error; (even those paid by your insurer or public medical fund) and his likely future medical expenses. This includes physio etc. Again medical reports should provide an indication of what expenses or ongoing medical problems he is at risk of due to the botched surgery.
4. Any other out expenses your husband has incurred, this includes legal expenses, now and until the end of the proceedings.
5. His loss of earnings (past and future) His capacity to earn - was he likely to go on and earn higher income through promotion or would he have stayed in the same position most of his working life. Did the removal of the c5,6 & 7 impact on his ability to work more than what his existing back problems did, if so how much by. Would the c3 surgery have improved his capacity to work if it had been done properly.
6. The loss of consortium (that refers to his intimate marital relations) and yes he can claim for this and you can too. In fact you can be a second plaintiff to the case for matters related to loss of consortium.

Your legal team should be advising you on this and you and your husband should ask what is a "reasonable conservative figure" for settlement, that is, what is the minimum he should settle for. Ask them to find any recent court precedent (that is previous similar court cases) as something to measure against and to help you make a decision.

The surgeon's team may not want to risk going to court, as they risk having a finding against the surgeon and anyone else involved e.g. the hospital. They will be wanting to minimise their legal expenses. They will not want the bad PR that comes from going to court - courts are public places and there are always court reporters present - and if there is not much news happening they could report the progress of the case. So you have room for negotiation. Court cases are invasive for everyone involved -that includes you guys.
In all such matters there is a thing called compromise. But do not sell your selves out for a quick settlement. Dont be rushed just because they have made an offer. Make an informed decision.

Remember once you settle - that is it - if your husband needs more medical care it will need to come out of the settlement. I think it is always safe to include in the settlement - a $ amount plus all future and ongoing medical expenses stemming from the case. You must get good advice by your legal team. What are the risks? It is wise not to be too rigid just for the sake of greed.

If you have any doubt you can always get a 2nd opinion.
Be careful not to have any settlement eaten up by your legal expenses. Even if they have to pay - there will always be some legal expense you will be responsible for.
Good luck.

Answer 2

your settlement has been offered through panic, to have made this offer they obviously know they have done wrong. However do not spite yourself , if you do not accept, this offer can be reduced and even if you take it to court and was sucessful, you could still not get this much money. But is the money important for you and your family? will it provide a better life? Please note medical negligence rates are not all that sucessful, I am a Law student and know alot about this. However from what info you have given it seems you have a very strong case as it does not seem the hospital could come up with another cause for what has happened, which is what they will try and do in defence. Generally the more possible cause the less chance of sucess, this doesn't appear to be much of a problem. Good Luck!

Answer 3

Who is pressuring you to settle? If it's the doctor and the hospital, then, no- don't settle. Usually people get this kind of pressure to settle when the case could cost the defendants a lot of money if it goes to trial. What is your attorney telling you? I doubt very seriously that if you went to trial you would get less than $100k. This seems like very little money for a potentially crippling mistake. On the other hand, if you win a larger amount of money, it could take years to collect it due to appeals by the doctor and hospital to reduce it.

Answer 4

You Settlement.... should ALLOW FOR... LIFETIME CARE.... for your Husband.... should SOMETHING [ God Forbid ] HAPPEN TO YOU!

That should Include LIFE TIME CARE.... by a Licensed Care GIVER....!

DO NOT... SETTLE OUT OF COURT..... for such a " SMALL AMOUNT ! "

The DOCTOR.... has Malpractice INSURANCE... that will Provide you.... WITH....
1. Reimbursement for Your Attorney Fees
2. Care of your Husband
3. Monies for Pain and Suffering
4. Other Needed Expenses!

You should have or Already Contacted your Local STATE License office... and see IF.... the doctor has ANY OTHER... OUTSTANDING.... claims against HIM!

YOUR.... Attorney.... AND YES... YOU BETTER HAVE ONE.... should have TOLD YOU ... THIS!

IF YOU DO NOT..... Find ONE.... that will have the Smallest.... Attorney FEE.... with the Most Benefits... to You!

Remember.... Most Attorneys... will take between 25% to 55% of Your Settlement.... PLUS EXPENSES!

Thanks, RR

Answer 5

100,000 WHAT'S? Dollars? What country are you in?

You need to get a professional opinion from another doctor not involved in this case about what the long run costs associated with this condition are going to be.

If the error has no effect on the patient, this is way too much money. If it is pain and suffering for the rest of his life, it isn't enough.

Answer 6

I think the answer lies within your motivation for bringing the lawsuit forward.

If you want to expose the doctor than you will go through with the trial, if you are more interested in compensantory damages than you might settle for the highest amount you can.

Answer 7

Secure the advice of your attorney. What i know is that if you win the case the law requires the doctor to indemnify you with certain amount might be more thant what is he offering you now and additional benefits for the maintenance of the health of your husband.

Answer 8

This depends. If your husband will be disabled for this and not able to do any work. Then $100,000. is a mere pitance!
I would consult with another doctor not involved in the case. Also a good lawyer.

Answer 9

What does your husband say? It is his neck that is messed up. Since you are going to trial on a mal-practice case, I am assuming you have an attorney. He should be able to give you an evaluation of the worth of your case.

Answer 10

Have you consulted an attorney? 100,000 for medical malpractice seems rather low, especially on such a huge mistake. I would continue to court. I would not take it public yet, but your attorney should be going over all this with you.