Our Medical Malpractice Attorneys Fight Hard for Our Clients!
Montlick & Associates: Serving Medical Negligence Victims.
If you or someone close to you has been harmed by a physician, nurse, esthetician or another healthcare professional who provided negligent, intentional or reckless medical services our attorneys and affiliated co-counsel help people victimized by medical errors and medical omissions.* At Montlick and Associates, Attorneys at Law, we have built our reputation on standing up for injury victims and taking on insurance companies and medical providers for more than 38 years. With billions of dollars recovered,** our clients know they can count on us for exemplary professionalism, tireless work ethic, and exceptionally skilled legal representation.
If you or someone close to you has suffered harm because of a mistake or poor care from a medical professional, call Montlick and Associates, Attorneys at Law, for your Free Consultation today. We can be reached by calling 1-800-LAW-NEED (1-800-529-6333) or by dialing #WIN (#946) from your cell phone for your free consultation. You can also contact us by visiting Montlick.com and by utilizing our Free 24-hour live chat serviceor by submitting a Free Case Evaluation Form available 24/7.
Patients rely on healthcare providers to deliver competent diagnostic evaluations and appropriate treatment regimens, and they trust hospitals and other doctor’s offices as places of healing or treatment. When you are sick or injured, you seek out the assistance of highly trained and well-educated professionals. According to a widely cited study conducted by Johns Hopkins, more than 250,000 people die annually because of medical errors while other reports estimate the number to be over 450,000 deaths. Although patients routinely entrust their health and well-being to healthcare professionals, medical mistakes constitute the third leading cause of death in the United States. Despite their assumed training, skill, and education, doctors and other healthcare professionals sometimes fail to comply with accepted medical standards or deviate from the standard of care that should have been followed. Many types of errors and omissions can serve as the basis of a medical negligence claim, such as:
- Anesthesia Errors
- Failure to Warn of Known Risks
- Failure to Diagnose
- Delayed Diagnosis
- Delayed Treatment
- Failure to Diagnose
- Failure to Provide Correct Medical Treatment
- General Medical Malpractice
- Medical Device Injuries
- Medical Omissions
- Medication Errors
- Mismanaged Treatment
- Pharmacy Malpractice
- Treatment Without Proper Medical License
- Surgical Errors & Omissions
While the precise definition, scope, and legal consequences of medical malpractice will depend on a variety of factors, for example, where the claim or lawsuit must be brought, the facts and circumstances of your specific case, and other relevant contextual information, this term generally refers to negligence committed by a licensed health care provider that causes injury to a patient or death of a patient. In this context, “negligent act” essentially means that the medical provider failed to do what other qualified competent providers would do under the same or similar circumstances subject to differences based on state or federal law. These cases tend to be more difficult and costlier to pursue because expert testimony is required to establish the requisite standard of care and deviation from that standard of care. Hiring a highly skilled law firm at the outset of your case can make all the difference in navigating your potential medical malpractice claim.
With billions of dollars recovered for our clients, Our Attorneys Know What It Takes To Win!™** If you or someone close to you has suffered an injury due to someone else’s negligence, call Montlick and Associates, Attorneys at Law, for your Free Consultation today. We can be reached by calling 1-800-LAW-NEED (1-800-529-6333) or by dialing #WIN (#946) from your cell phone for your free consultation. You can also contact us by visiting Montlick.com and by utilizing our Free 24-hour live chat service or by submitting a Free Case Evaluation Form available 24/7.
Complex Nature of Medical Malpractice Cases
Bad outcomes can be caused by factors other than negligence by a doctor, hospital employee, or other medical professional or healthcare facility errors. Bad outcomes can be caused by the natural progression of a potentially fatal underlying illness, by known possible risks from a procedure or surgery occurring, or by side-effects from medication. Persons pursuing medical malpractice claims need to produce evidence that proves substandard care caused the harm. This issue often will be stridently contested by the healthcare provider’s insurer, so we routinely work alongside knowledgeable medical experts to refute claims, for example, that a poor medical outcome was caused by something other than negligent care by one or more healthcare providers.
Seeking out an experienced medical malpractice attorney promptly after an injury is important in taking the necessary, first steps in preserving your rights, as many medical malpractice claims and lawsuits can involve several challenging issues. A few of these challenging issues may include:
Complexity of the Evidence:
Proving a medical malpractice case entails the review and analysis of sophisticated medical information and records. Medical malpractice attorneys have knowledge and experience gathering and reviewing this information and working with medical experts to understand and explain what all of the medical documentation means for you and for your case.
Cost of Pursuing a Claim:
While expenses are incurred in all personal injury cases, the costs of pursuing a medical malpractice claim tend to be much higher on average because of the necessity of hiring and/or consulting with specific medical experts and other helpful witnesses. There are often several depositions of doctors and other witnesses that must be conducted in a single, contested medical malpractice case.
Challenging Legal Issues:
The task of proving a doctor committed a negligent act or omission and establishing the link between the physician’s substandard care and the injury suffered by a patient often will often be challenging. Even when a medical expert testifies that the conduct of the healthcare provider deviated from the appropriate standard of care, malpractice insurance carriers frequently contend that the poor medical outcome was the product of other factors, such as poor lifestyle choices, the natural progression of an underlying illness, genetics, or a known risk of a procedure or surgery. As medical malpractice attorneys, we explore all the evidence on your case and navigate these potential issues on your behalf.
Juror Tendency to Trust Doctors:
Juror research has revealed that juries tend to give physicians and other healthcare providers the benefit of the doubt in medical malpractice lawsuits. This predisposition to trust healthcare professionals makes it essential to work with one of our experienced medical malpractice lawyers familiar with strategies for identifying and overcoming this form of juror bias.
Montlick and Associates, Attorneys at Law, has been helping injury victims for more than 38 years. Our lawyers and affiliated co-counsel represent clients across the U.S.* We work hard to maximize the value of our clients’ cases while pursuing justice for injury victims. Call us nationwide 7 days a week/24 hours a day for your Free Case evaluation at 1-800-LAW NEED (1-800-529-6333). We also can be reached by dialing #WIN (#946) from your cell phone or by visiting us online at Montlick.com and using our Free 24-hour live chat service that is available 24/7.
Act Promptly to Protect the Legal Rights of You and Your Family – Missing Legal Deadlines Can Have Harsh Consequences
Although people injured by the negligence of medical providers may have legal rights, delays in exercising and preserving these rights can have devastating consequences. Regardless of where you pursue your case, the law of the jurisdiction will include a statute of limitations that establishes a deadline for filing a lawsuit. Depending on the law of your state, this Statute of Limitations will limit the time that can elapse between when you are injured and when you are able to file a lawsuit or settle a claim. In certain states, medical malpractice statutes of limitation can be complicated depending on the circumstances. For example, some states toll statutes of limitation for instances when a patient discovers an act of negligence long after a medical procedure was performed, such as when a patient learns that a surgeon left a foreign object in their body during the operation. Tolling laws benefit plaintiffs in that they pause or delay the running of time periods. However, not all states have these laws for medical malpractice claim. Only an attorney who careful analyzes your situation can advise you as to which legal deadlines apply to your case. Along with this statute, other laws and important legal doctrines can apply, creating even shorter deadlines, which is another reason to seek legal advice promptly and avoid delays that can adversely affect your case. Our lawyers at Montlick and Associates can advise you of your rights and can recognize all potential deadlines that must be met to protect your legal rights.
Beyond these legal deadlines, the decision to put off seeking legal advice about your potential claim can undermine the value and feasibility of pursuing a settlement or lawsuit. When you wait to pursue your case, important evidence and witnesses can become difficult to locate or lost forever. The passage of time also increases the risk that witness recollections will fade.
What Is the Value of Your Medical Malpractice Claim?
As a general rule, patients injured by medical providers can pursue compensation (referred to as “damages”) for both tangible (ie: medical bills) and intangible loss (ie: pain and suffering). In the case of the death of a loved one, family members can pursue wrongful death claims, subject to the appropriate state law. The pursuit of monetary recovery entails proving the value of the loss through evidence and by establishing that the error or omission caused the patient to suffer injury or death. Despite this general principle, each individual case is unique.
When our attorneys represent an individual harmed by medical negligence, we diligently pursue all appropriate types of damages that our clients are entitled to recover under the law. While the categories of damages that can be recovered through a medical malpractice claim depend on the specific facts and law of the state where the claim exists, these damages might include:
- Past and future medical costs
- Lost wages
- Pain and suffering
- Diminished earning potential
- Loss of consortium
- Diminished enjoyment of life experiences
- Emotional distress, anxiety, shock and worry
- Punitive damages (cases of egregious, reckless, or malicious conduct subject to the law of the jurisdiction)
In the case of a tragic loss of a family member because of medical negligence, our attorneys pursue wrongful death claims on behalf of our clients. The rights of plaintiffs to pursue wrongful death claims, including the proper parties to bring a claim, are subject to the applicable law of a particular state in the context of the requisite state’s medical malpractice law. Additionally, types of damages recovered can significantly vary from state-to-state as well due to differing laws. For example, the types of damages or combination of damages some states allow for wrongful death claimants include the full economic and non-economic value of the life of the victim, loss of companionship, value of support and services, and/or punitive damages, to name a few. Often, families are also entitled to burial and funeral expenses, medical expenses incurred, and pain and suffering endured by the deceased victim. However, even the proper party to bring such a claim (or multiple claims) can vary depending on the state where the accident occurred.
The exact value of a case usually cannot be determined at the outset. However, our experienced medical malpractice attorneys review the relevant facts, applicable law, available evidence, and the unique procedures and peculiarities of filing a medical malpractice claim or lawsuit (if necessary). After this analysis, our lawyers are able to identify a range of potential values for a case based on many factors, which may include: the type and extent of injuries, medical bills and records, long-term disability and effects of injuries, such as diminished earning potential or permanent impairment, persuasive nature of the evidence and liability and the extent of litigation, if necessary, to resolve a case.
Montlick and Associates Pursues Justice for Victims of Substandard Medical Care
Let our 38 years of experience work for you! If you or someone close to you has suffered harm because of a mistake or poor care from a medical professional, call Montlick and Associates, Attorneys at Law, for your Free Consultation. Our attorneys and affiliated co-counsel stand up for patients injured by substandard medical care in states across the U.S.* We can be reached by calling 1-800-LAW-NEED (1-800-529-6333) or by dialing #WIN (#946) from your cell phone for your free consultation. You can also contact us by visiting Montlick.com and by utilizing our Free 24-hour live chat service or by submitting a Free Case Evaluation Form available 24/7.
*Legal services are provided by Montlick & Associates, P.C. and local associated law firms at no additional cost to you depending on the jurisdiction and any specialized experience required. For more information, click here.
**Dollars recovered are cumulative and not indicative of individual case results. Each case is unique. Results depend on the facts and applicable law.