Medical Malpractice

Things TO DO if you have been injured by someone’s carelessness:


Don't be a victim of medical malpractice 

If you have been injured by a careless medical provider, including a medical doctor, nurse, hospital, etc., you are entitled to full compensation for any resulting injuries. Thousands and thousands of patients in the United States die each year because of careless medical errors. Without a doubt, medical malpractice cases are among the most complicated and expensive to take to trial, so it is wise to consider how badly you were injured before you think about suing. A mistake, large or small, that causes little harm will likely not lead to a lawsuit because the costs associated
(time and money) with doing so likely would not make it worth it. We are all human and we all make mistakes, even when we try our very best. My name is Eric Derleth and I have the education, training and experience to handle medical malpractice trials. But, I am also not interested in suing over minor perceived wrongs, especially when you were fortunate enough not to have much negative impact as a result and when the medical provider earnestly did their best. Sometimes bad results occur despite the best efforts and expertise of your health care professional.

Medical malpractice terms

However, if you’ve suffered greatly because of medical negligence, then it makes sense that you might be willing to risk the time, emotional energy and expense that naturally come from filing a medical malpractice lawsuit.
While these types of cases settle prior to filing a lawsuit like any other, medical malpractice cases are often battles that last years and every issue is contested to the maximum extent possible. Defense insurance companies are often willing to spend hundreds of thousands of dollars defending doctors and other medical providers.

Let us seek justice for you

Furthermore, juries have been poisoned to believe that anyone who sues for a personal injury or medical malpractice is harming them personally – and society as a whole – through higher insurance costs, higher costs of medical care, and by decreasing the quality and availability of care. So, you have to hire an attorney who recognizes that these common juror prejudices can’t be changed, but instead knows how to use these biases in your favor to help try to ensure you get full compensation for your injuries. Indeed, if you are not made whole by the jury, which means you get any less money than that to which you are entitled, you have not really been compensated. If you are not fully compensated for you loss, justice has not been done. Your trial lawyer needs to understand the difference and how to use that to your advantage in both trial and settlement negotiations.

It is extremely important to remember if you’ve been injured by medical malpractice that you generally only have 2 years to sue for it. The worst thing to do is just wait until those 2 years have nearly gone by before meeting personally with a lawyer. A good trial lawyer may not agree to sue on your behalf until after he or she has had your case reviewed by an independent expert. Having an expert review the case could take several months because you have to get copies of all of your doctors’ records, physical therapy records, hospital records, chiropractic records, x-rays and other films. This all takes time to gather, even before the expert looks at the case. If you bring your case to a lawyer at the last minute, with no work done on it yet, it might be his or her ethical responsibility to decline your case based on the circumstances.

Your spouse or other loved ones may also have a right to compensation because of your injuries. For instance, if you were badly injured by someone and your loved one witnessed the injury, they may also be entitled to money compensation. 
Or, perhaps you are not able to contribute to your household like you did before your injury – your loss of services to the family can be sought through a civil lawsuit.

Things TO DO if you have been injured by medical malpractice:

Work hard to recover from your injuries – nothing is more important than your health;

Meet personally with a skilled trial lawyer who is experienced in medical malpractice cases in his or her practice as soon as possible;

Do what your other doctors advise you to do, but feel free to ask questions of your providers about your condition, your prognosis (future health), and reasonable alternatives;

Keep track of all of your out-of-pocket expenses because of any injuries, including any lost wages;

Return to work as soon as you are able and cleared by your doctor; and,

Hire an appropriate independent medical expert to evaluate your case well before you file any lawsuit.


Things NOT TO DO if you have been injured by medical malpractice:

Do not talk give any interviews to the doctor’s insurance company or any insurance adjustors until you have consulted personally with a lawyer;

Do not become obsessed with your injuries and your situation – too often that becomes all the injured person thinks about and this is unhealthy;
Do not skip doctor’s appointments or physical therapy because this can be used to show that you do not care about your health, but just want to be paid; and,

Do not settle your medical malpractice case without meeting personally with a trial lawyer with experience in such cases.

My office takes personal injury cases on what is known as a “contingency fee” basis – you do not pay any lawyer’s fees unless you win your case. Importantly, if you lose a contingency case you would not owe attorney’s fees to me, but you could still be required to pay some of the other side’s attorney’s fees – this is standard in the industry. This could add up to an enormous amount of money after years of litigation. So, you must seriously consider bringing a medical malpractice lawsuit before doing so … and only after consulting with a qualified trial lawyer who has experience in medical malpractice cases. In order to save you time bouncing from lawyer to lawyer, I will give you his honest initial assessment of your case based on the facts you present to him.


Normally to accept a medical malpractice case first requires hiring an appropriate independent expert to review the case on your behalf. Again, this means you need to consult with the right lawyer well in advance of the 2 year deadline to file a lawsuit. Do not delay reviewing your medical malpractice case until the last minute.

If you want me to take a look at your medical malpractice case, please CLICK HERE and fill out the confidential intake form. All information you share with my office will be kept private and not shared with anyone without your express permission. If a referral to a different law office or other professional is deemed appropriate, one may be made at that time.

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