Negligence can be
the performance of an act or the failure to act.
Negligence requires a state of mind that is found to be
careless, inattentive, or otherwise reckless in its
attitude toward others. Doctors can make mistakes that
are minor and although these may represent an error, may
not give rise to a legal claim.
However, if a
health care provider's error leads to injury, incapacity
or death it is generally a legitimate and viable claim.
Because laws governing medical malpractice, such as the
statute of limitations for filing a suit and military
cases, vary by state and jurisdiction, it is important
to get all the facts before proceeding with a
If you feel you or a loved one have suffered neglect
at the hands of a health care provider, speak with an
experienced attorney who can assist in evaluating your
case. Hill & Moin LLP will ensure that your legal
rights are protected, will provide expectations during
each step of your personal injury case, and will take
action on your behalf. With the goal of strengthening
your position and ensuring your recovery of loss, Hill &
Moin LLP will research law, interview witnesses, collect
records, confer with expert consultants, plan strategy,
and negotiate with insurers and opposing counsel – all
things you may not know how to do let alone feel like
doing if you are still burdened with your injury.
Your attorney will
be able to quickly determine from the information you
provide whether or not you have a strong case.
Medical malpractice cases can be complex, expensive to
pursue, have a high risk of no recovery, and often
involve a patient's personal attachment. An objective
opinion is necessary.
determination has been made that it is viable to move
forward, you will enter into a financial agreement with
your attorney to cover his or her compensation.
Typically, attorneys agree to advance all costs and work
on a contingent fee basis, to be repaid in the event of
recovery. This means that the attorney would receive a
percentage of the gross recovery, however if there were
no recovery the patient would not suffer any financial
Hill & Moin LLP
will obtain a detailed medical history about you, the
patient, including the names of all physicians and
hospitals that have provided medical treatment to the
patient. As the patient, you may be asked to prepare
a written summary of all medical treatment including
doctors seen and for what symptoms, conversations with
health care providers of any capacity, treatment
received, and dates for all of these interactions. Your
attorney may retrieve all medical records for you.
A medical expert or
experts will be consulted to determine “with reasonable
medical certainty that the action or inaction of the
defendant physician was the cause of damage to the
plaintiff.” At this time, the malpractice suit will be
filed against the physician or hospital.
Filing suit begins
legal proceedings, which may span several years. In the
first stage, the legal pleading stage, the parties set
forth their legal theories – what happened. In the
second stage, the discovery stage, the facts to support
the legal theories are developed – how did it happen and
why. If the parties are not able to resolve their
differences the case, now in its third stage, will go to
trial before a judge and jury.
Many cases settle prior to going to trial. Having a
good attorney who knows the ins and outs of medical
malpractice law, as well as how to negotiate
successfully can make a significant difference in the
We have successfully represented clients with the
following medical malpractice issues:
- Foreign objects left during surgery
- Bed Sores
- Anesthesia malpractice
- Hospital and Nursing Home
- Ophthalmological malpractice
- Perforation of organs
- Brain-damaged babies
- Mismanagement of infections
- Erb's Palsy
- Botched surgeries
- Podiatric malpractice
- Wrongful death
- Delay or failure to diagnose serious illness
- Health aide negligence
In court, the
accused party will have attorneys that will try to
refute and devalue your case.
Having an auto accident attorney on your side will help
fight and counter the testimony given by the accused.
You have the right to receive proper compensation for
the injuries sustained by other people's negligence!
Don't wonder about your rights!
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"Personal Injury Recovery Solutions"®