The answer to this question depends on many factors, including the strength of the evidence, the nature of the injury, the jurisdiction, and the experience of your legal team. While medical malpractice cases can be challenging, a strong claim supported by compelling expert testimony and handled by an experienced attorney can absolutely succeed.
If you’ve been harmed by medical negligence, one of your first questions may be: “Will this case go to trial, or will the doctor settle out of court?” It’s a fair question—and an important one. Most people understandably want justice, but they also want closure, financial recovery, and to avoid a lengthy and uncertain court battle. The good news is that most medical malpractice cases are resolved through out-of-court settlements.
Concussions and mild traumatic brain injuries (mTBIs) are among the most misunderstood and underestimated injuries in personal injury law. Successfully investigating and prosecuting an mTBI case requires a deep understanding of medicine, symptom progression, and how these injuries impact a person’s everyday functioning.
A facial nerve injury refers to damage to the seventh cranial nerve, commonly known as the facial nerve. This nerve controls most of the muscles in the face and is responsible for expressions like smiling, blinking, and frowning. It also plays a role in speech, chewing, and tear and saliva production. When the facial nerve is injured, it can lead to partial or full paralysis, facial droop, involuntary muscle movements, or loss of taste on part of the tongue. The severity of the injury depends on how and where the nerve is damaged.
The brachial plexus is a network of nerves that begins at the spinal cord in the neck and extends through the shoulder, arm, and hand. When functioning properly, the brachial plexus allows for normal use of the entire arm and hand. If the brachial plexus is damaged during childbirth and the injury is severe or treatment is delayed, the child may never regain full function.
The phrenic nerve is a critical nerve in the body that controls the diaphragm, the primary muscle used for breathing. Injury to the phrenic nerve can occur during high-risk surgeries, or if medical professionals fail to take proper precautions. Without proper function of the phrenic nerve, the diaphragm may not work correctly, leading to breathing problems or even respiratory failure in severe cases.
Pulmonary embolism (PE) is a life-threatening condition that occurs when a blood clot, usually from the deep veins of the legs or pelvis, travels to the lungs and blocks a pulmonary artery. This obstruction can severely reduce oxygen flow to the lungs and other vital organs, leading to sudden death if not promptly diagnosed and treated. Unfortunately, PE is often misdiagnosed or not treated in time, making it a leading cause of preventable death in the United States.
Although popliteal artery aneurysm may initially cause no symptoms, it carries a high risk of clotting, rupture, or limb-threatening ischemia. Given these risks, timely diagnosis and intervention are crucial. Unfortunately, medical malpractice can occur when doctors fail to recognize or properly treat this condition, leading to catastrophic harm.
In November 2020, Kirt Anderson arrived at Indiana Regional Medical Center (IRMC) with acute limb ischemia, a condition where a sudden blockage cuts off blood flow to a limb. His right leg was cold, pulseless, and in severe pain—classic signs of a vascular emergency that required immediate action to save his limb.
A stroke is a medical emergency that occurs when blood flow to the brain is interrupted or reduced, depriving brain tissue of oxygen and nutrients. This can happen due to a blocked artery (ischemic stroke) or a leaking or bursting blood vessel (hemorrhagic stroke). Without prompt treatment, brain cells begin to die within minutes, leading to potentially devastating consequences.
Sepsis is a life-threatening medical emergency that occurs when the body’s response to infection causes widespread inflammation, leading to tissue damage, organ failure, and death. Without prompt diagnosis and treatment, sepsis can progress rapidly, resulting in severe complications.
Critical Limb Ischemia (CLI) is a severe and potentially life-threatening condition that requires immediate medical intervention to prevent catastrophic outcomes such as amputation or death. Unfortunately, when healthcare providers fail to recognize or adequately treat CLI in a timely manner, patients suffer unnecessary harm.
