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Failure To Diagnose & Cancer Settlements – What To Expect


Do you want to learn how to navigate your medical negligence cancer settlement better?


Learn More:

Can You Sue a Doctor for Failure to Diagnose?

Is Failure to Diagnose a Form of Medical Negligence?

How To Find A Good Medical Negligence and Malpractice Attorney (And How To Choose The Right One)


Video Transcript

0:00 Intro
1:00 Your Cancer Settlement
1:52 The Strength of Your Case

Well, in terms of settlements, I’ll tell you in most jurisdictions, these days, what’s called ‘alternative dispute resolution’, has been implemented into the litigation process. After both parties, both the defendant and plaintiff, have been able to exchange documents, have been able to answer questions from each other, in some cases there may be a ‘call to admit as factual’ certain issues involving the case, the parties need to exchange that willingly, and we as attorneys have a duty to deal honestly with the opposing party and to not withhold relevant evidence from them and vice versa.

1:00 Your Cancer Settlement

Once that’s accomplished and both parties have full access to the facts in the case, fashioning a settlement is going to boil down to a correct calculation of exactly what the damages may be. And then factoring in the contingency that if you took this case to trial, would you prevail or would you not prevail?

Again, a case with a less likely possibility of success is going to be valued more conservatively than a case where your success, where your chance of success on the merits is very high.

If your chance of proving to a jury that you were a victim of medical negligence is very high, that settlement value is going to be a greater amount than if the case is, for lack of a better term, more iffy.

1:52 The Strength of Your Case

So you’d like a case where there are not many ifs. You’d like certainty, you’d like a case that wasn’t in any way rebuttable, you’d like a strong expert to support your opinion, you want a reputable expert, someone whose opinion is backed by experience, perhaps publications in that area, perhaps the recognition of the development of testing and surgical procedures or techniques of the diagnosis of whatever that medical entity may be. You want to have the very best person backing your side and you’d preferably like the other side to either not be able to get support from an expert or for their expert to be far less qualified and far more reputable.

So again, all of these things factor into hopefully proving the value of your settlement. And again, I cannot underestimate the value of knowledge and more so even than knowledge, experience.

If someone’s experienced they may know what they don’t know, but they know where to go to find the right person, the right help to help them understand the case, and to perhaps even help the client understand the case.

There are some situations where you may have a very skeptical view of the case initially, you may do some of your own research. You may make a phone call to someone who has had a similar case. You may make a call to an expert and your initial view of that case’s value may change in an instant. 

So again, experience, the ability to do research, the ability to find the right people to be of assistance, all go into a successful lawsuit. I believe at LawMD that we have that combination. And for that reason, I would hope that you would consider allowing us to represent you.



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