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FAQ

FAQ (Frequently Asked Questions)

Here is list of our most frequently asked questions, with answers provided below:

What is medical malpractice?

Is medical malpractice that common?

How can I tell if my serious injury is the result of medical malpractice?

Why should I deal with your organization?

How does your organization investigate a malpractice claim?

What will it cost to hire a you?

Will my case settle?

 

What is medical malpractice?

Medical negligence (also known as medical malpractice) means that a doctor or other health care provider failed to act within the applicable standard of care and this resulted in patient injury.

Although many may define the term “standard of care” a little differently, generally the term is understood to mean what a reasonable, competent, similarly trained physician would have done under similar circumstances.

Generally speaking, when a doctor or other health care provider fails to act reasonably under the circumstances, and the unreasonable conduct causes medical injury, medical malpractice has occurred.

 

Is medical malpractice that common?

Unfortunately, yes. A study by the Institute of Medicine (“IOM”), of the National Academies of Science, published a landmark study in 2000 entitled, “To Err is Human.” In that study, the IOM reported that as many as 98,000 people die in American hospitals each year due to medical mistakes. This means that medical mistakes/malpractice is the 8th leading cause of death in America. In the Philippines, it is considered much worse.

 

How can I tell if my serious injury is the result of medical malpractice?

Not all medical mistakes are malpractice. In order to determine whether a serious injury or death was the result of medical malpractice, you will need to consult with someone experienced in investigating and evaluating similar claims.

Large amounts of money can be at stake. Take the case of a child injured by Dengvaxia. It can cost a considerable amount of money to care for such a child over their lifetime. Likewise, the unexpected death of a mother, father or child can be emotionally and financially devastating to a family.

You owe it to yourself and your family to consult experienced medical malpractice investigators whenever an unexpected serious injury or death occurs.

 

Why should I deal with your organization?

Our company includes doctors and lawyers who are experienced, successful and dedicated to representing victims of malpractice.

 

How does your organization investigate a malpractice claim?

It all begins with an evaluation of your claim. When you fill out our claim evaluation form, we will first begin by evaluating the merits of your claim. At this point, we will make an initial determination as to whether or not we can be of help to you. Then, one of our experienced medical malpractice attorneys will interview you by telephone to find out from you about the nature of the injury, the place of the injury, the date the injury occurred, the names of the health care providers involved, and any other information you already know about the situation which prompted you to contact us.

If we believe we may be appropriate for you, the next step is for the injured person (or his legal representative, such as the mother or father of a minor child) to retain our legal partner. We work only on a contingency fee basis and cover all the costs of investigating and litigating the matter. In other words, if we do not win your case, you owe us no fees, and no expenses at all.

Once you have engaged with us, we obtain the relevant medical records so we can further evaluate for malpractice. If we conclude that you have a valid malpractice claim, then we retain highly credentialed and experienced medical experts in the relevant fields of medicine to review the records, with the assistance of our staff to determine whether malpractice occurred and whether malpractice caused your injuries.

When the outside experts complete their review, we contact the client to discuss the opinions of the experts and how to proceed.

 

What will it cost to hire a you?

The cost is nothing unless we win for you.

There are two issues to consider when answering this question: What will the attorney charge for his services and who will pay for the expenses of investigating the matter.

(A) Attorneys Fees:

The “contingency fee” agreement is the key to the courthouse for ordinary people. Under such an agreement, the attorney is paid a percentage of a recovery; therefore, if there is no recovery for the client, the lawyer does not get paid. The contingency fee agreement makes sure that the client’s interests and the lawyer’s interests are one-in-the-same – to obtain the maximum recovery allowed by law.

We strongly believe in contingency fee agreements, and thus if you engage with us, you owe us nothing unless we win for you.

(B) Case Expenses:

Pursuing a medical malpractice case is usually very, very expensive. For example, in order to maximize the chances for a successful and very substantial recovery in an oncology case, our legal partners typically retain numerous experts in the field. This can sometimes cost more than a million pesos per case.

We know our clients cannot afford these expenses. Therefore, we advance all the costs of investigating and prosecuting your claim because we have confidence in the abilities of our investigators.

You will not have to reimburse our organization for these litigation expenses unless we win for you.

 

Will my case settle?

Most medical malpractice cases do settle out of court, but settlement must never be the attorney’s objective. Only when the defendants’ insurance company is convinced that your attorneys have put together a strong case, supported by well-credentialed and credible medical experts, and that your attorneys have the skill, experience and nerve to try your case successfully, will your attorneys be in the position to negotiate the best possible settlement of your claim.