What is my next step in pursuing a medical malpractice case?

I had corporal and cubical tunnel surgery after a fall at work and the doctor that did the first surgery cut the nerve half way through at the elbow. I found this out after he would not believe me that my arm was worse then before the surgery and I had to go see another doctor. The new doctor ran some test and showed that there was no improvement in the elbow. He said he would have to do a more invasive surgery to see what the nerve was getting hung up on. When he go in there he found that the nerve had been cute and can’t be repaired. He came right out loud and said that the first doctor had butchered the surgery which I have pictures of.

Asked on October 9, 2015 under Malpractice Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

d on what you write, there does appear to be malpractice what you describe was negligent or careless treatment. Therefore, it is likely that the doctor would be liable. The problem is, medical malpractice cases can be very expensive, since you need to hire and pay for medical expert testimony which, with tests and reports, can cost several or even many thousands of dollars. If lawyers don't feel that a case will result in a large enough settlement or judgment, they will not take it on contingency they only get paid if you win they get a share of winnings because the amount the stand to make is not worth the costs they'd have to lay out or the risk of not winning and so not being paid. Even good cases sometimes lose you can't count on winning.
Since it would be very difficult to bring a medical malpractice case yourself "pro se", your best bet is to talk to more attorneys--maybe you will find one willing to take it. If not, you do have the right to bring the case yourself, but this is not advised--there'd be a good chance you spend alot of money on the medical experts and lose if you act as your own lawyer.

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