Legal Question in Medical Malpractice in California

Settlement out of Court

I posted a previous message in January regarding my 6 month old daughter who dehydrated in the hospitals care and ended up going into hypovolemic shock having two cardiac arrests. I ended up meeting with the hospital doctors and their risk management department in March and they have admitted to error that caused this and have requested that I put in writting what I would like for a settlement.

If this case were going to court, would I be able to request for reimbursement for medical expenses incurred even though my insurance ended up paying for it? and if so, would I be responsible for paying my insurance this money?

Also, since we are not planning on filing a law suite with them, does the 250,000 pain and suffering limitation still apply?

And finally, what can we request for my daughter (besides pain and suffering for an infant) and for myself as a parent (besides out of pocket costs for medical bills and lost wages)?


Asked on 5/18/06, 8:06 pm

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Settlement out of Court

Confucius says 'man who represent self has fool for client'. That applies here, except you are representing your child's rights, not yours. Many attorneys are not experienced enough to handle medical malpractice cases, so don't make the mistake of thinking you will be able to get fair value for the case yourself [you had to ask what that might be]. I'll bet you didn't even know that any settlement of a minor's claim will have to be approved by the Superior Court. Contact me if interested having counsel assist in handling these claims and issues.

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Answered on 5/25/06, 7:33 pm
MAURICE MEHRBAN, MD, ESQ. MEHRBAN AND ASSOCIATES

Re: Settlement out of Court

This is confusing question. We do not understand whether you settled with the physicians or not. You must bring all facts before a medically oriented lawyer to get a meaningful answer.

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Answered on 5/25/06, 8:48 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Settlement out of Court

These are reasons people hire attorneys, because no doubt you will be frustrated and likely will not receive everything to which you are entitled without competent legal representation.

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Answered on 5/25/06, 6:24 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Settlement out of Court

I am very angry with you. Probably any settlement you would get without a lawyer and a lawsuit will be 0. If you got anything at all, it would be about 1/10 of what you would get with a lawyer. I realize you would rather hear me tell you you are doing right by your daughter by trying to play amateur lawyer and doing your own settlement, but it is not my job to tell you what it is you want to hear. You are NOT qualified to practice law, nor to attempt to negotiate settlements with hospitals and insurance companies. They have a million ways to trick you so that you receive 0. It's bad enough when adults foolishly decide to go without lawyers in serious injury matters. We hear from them every day here on LawGuru, usually after the case is denied and it is too late to do anything about it. But at least it is their claim they are throwing away and not that of an innocent child. What you are proposing is to have malpractice inflicted on your daughter a second time (legal malpractice, yours). I'll bet that several months have now gone by, and you have not yet filed a lawsuit, obtained copies of all the medical records, had the medical records reviewed by an expert witness, or taken the depositions of the defendants in front of a court reporter -- all things a competent lawyer would have done by now to protect your little girl's rights before it is too, too late.

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Answered on 5/25/06, 6:47 pm


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