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19 Nov, 2017 by Marcie
Although my case did not meet criteria for a claim at this time, Jeff went above and beyond in his efforts to reach out to me after my request. He thoroughly reviewed my case and provided me with useful information for moving forward.
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04 Nov, 2017 by Jessie naioti
Great classy lawyers with passion and ethics.
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23 Jan, 2012 by Chelsea
I recently used Jeff DeFrancisco for a medical malpractice case that involved a medical procedure that I underwent. Jeff was always available to answer any questions that I had. Furthermore, he was able to get my case settled rather quickly and for a very fair resolution. I have already recommended him to others and I will continue to do so.
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04 Nov, 2017 by Jessie naioti
Great classy lawyers with passion and ethics.
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19 Mar, 2015 by Anonymous
Ms. Westlake was easy to talk to and was 100% professional! She answered all my questions and concerns. When I would call she would get back to me quickly! I was very impressed as to how she knowledgeable and efficient she was with my case. I would definitely refer my friends and family to call upon her!
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20 Feb, 2015 by Anonymous
Jean Marie handled my personal injury/medical malpractice case. Approximately 5 1/2 years ago I had a routine surgery which left me with a permanent injury and terrible pain. After 3 corrective surgeries and losing my business due to my inability to work, it was then, that I sought the counsel of the De Francisco law firm and Jean Marie Westlake.
Jean Marie was extremely responsive, and very honest. After being in the business world for 27 years, I have had the opportunity to work with many different attorneys. Never have I met anyone quite like Jean Marie.
Prior to the trial, Jean Marie handled everything. She studied my medical history and every aspect of my case. During the trial, she accurately depicted my experience and relayed my 4 to 5 year journey to the jury. When something did come up with the opposing counsel, she maneuvered expertly and efficiently and as a result, we succeeded. Jean Marie fought for me and my future in a fair, accurate and balanced way.
Although Jean Marie cannot restore my health or take away my pain, she did secure my future. I am now able to seek and afford the medical treatment that I need with no worries on how the bills will be paid.
With highest respect, I recommend Jean Marie for any personal injury or medical malpractice situation. I thank Jean Marie and the De Francisco Law firm team for standing with me during this most difficult time. They are truly the finest!
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04 Nov, 2017 by Jessie naioti
Great classy lawyers with passion and ethics.
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25 Nov, 2013 by Kelleybutterfield
A well oiled machine. Charlie & the staff at DeFrancisco & Falgiatano are thorough, comprehensive and determined. Our case was unique as there were two suits in one, voluminous records/files, jury mis-ques , appeals and judgement arguments. We were treated with care & concern, over a case that spanned YEARS. We were never told what we wanted to hear, we were kept well informed. We were impressed with the fact that many questions could be asked and answered by members of the staff, and if unable to do so, calls were returned expeditiously. Unfortunately due to the multiple defendants involved, and the complications of the case, there was a lot of grey areas which through their perseverance were enlightened, even rewritten. We believe the most impressive aspect of Charlie & his associate Jean Marie is that they keep the human element present, no matter how complicated or frustrating the case turned.
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31 Jul, 2013 by Anonymous
Taking someone to court can be a very intimidating process, but working with Charlie removes any anxiety. Charlie is knowledgeable, cares about his clients, and makes the the process appear seamless at the same time. I would recommend him to anyone seeking a lawyer.
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04 Aug, 2023 by Keith
An attorney who actually responds to a clients needs within a timely manner. For over a decade and multiple family members, Temple Law Office has been instrumental at stressful times resolving various legal questions and issues. If you are looking for someone to treat you like a human and not just another client, I highly recommend!
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09 Apr, 2021 by Debbie coufal
07 Aug, 2019 by Mark haynes
I dropped somebody off there I did not go inside
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FAQs
Questions? We have answers
What a Medical Malpractice Lawyer Can Do for You
A medical malpractice lawyer specializes in helping individuals who have been harmed due to the negligence or misconduct of healthcare professionals, such as doctors, nurses, or hospitals. These lawyers assist in cases where a healthcare provider deviates from the accepted standard of care, resulting in injury or death. Medical malpractice cases can involve misdiagnosis, surgical errors, medication mistakes, birth injuries, and other forms of medical negligence.
If you or a loved one has suffered harm due to improper medical treatment, a medical malpractice lawyer can help you understand your legal options, file a lawsuit, and pursue compensation for medical expenses, pain and suffering, lost wages, and other damages.
When Should I Hire a Medical Malpractice Lawyer?
Hiring a medical malpractice lawyer is essential if you’ve been seriously injured due to the negligence of a healthcare provider or institution. Situations where you should seek legal representation include:
- Misdiagnosis or delayed diagnosis: If a doctor fails to diagnose or delays diagnosing a medical condition, leading to harm or progression of the illness.
- Surgical errors: Harm resulting from surgical mistakes such as operating on the wrong site, leaving instruments inside the body, or performing unnecessary procedures.
- Medication errors: Injuries caused by prescribing the wrong medication or dosage, or mistakes made by pharmacists in dispensing drugs.
- Birth injuries: Injuries to a newborn due to medical negligence during labor and delivery, such as failing to perform a timely C-section or improper use of delivery instruments.
- Anesthesia errors: Complications arising from improperly administered anesthesia, which can lead to serious injury or death.
- Inadequate follow-up or aftercare: Suffering due to lack of proper monitoring or care after a medical procedure, leading to complications.
- Hospital or nursing home negligence: Harm caused by the negligence of hospital staff, nurses, or administrators who failed to provide adequate care.
Medical malpractice cases are complex, and hiring a lawyer early can help ensure your rights are protected and your case is handled effectively.
What Does a Medical Malpractice Lawyer Do?
A medical malpractice lawyer provides various legal services to help injured patients hold negligent healthcare providers accountable. Their responsibilities include:
- Evaluating your case: Reviewing medical records and consulting with experts to determine if you have a viable claim based on the standard of care and harm suffered.
- Filing a lawsuit: Initiating legal action by filing a complaint against the responsible parties in the appropriate court.
- Gathering evidence: Collecting medical records, expert testimonies, and other relevant evidence to build a strong case.
- Negotiating with insurance companies: Working to secure a fair settlement that compensates you for your injuries without the need for a trial.
- Litigating in court: Representing you during trial proceedings if a settlement cannot be reached, presenting evidence and arguing your case.
- Calculating damages: Assessing the full extent of your losses, including medical expenses, lost income, pain and suffering, and future care needs.
- Handling expert testimony: Coordinating with medical experts who can testify on how the standard of care was breached and how it led to your injuries.
How Are Medical Malpractice Lawyers Paid?
Most medical malpractice lawyers work on a contingency fee basis, which means they only get paid if they recover compensation for you. Key aspects of this payment structure include:
- Contingency fee percentage: The lawyer's fee is typically between 25% and 40% of the settlement or award.
- No upfront costs: You do not pay any legal fees unless the lawyer successfully recovers compensation on your behalf.
- Case expenses: Costs for expert witnesses, medical record retrieval, and court fees may be deducted from your settlement or award in addition to the lawyer's fee.
Always discuss the fee arrangement during your initial consultation to understand your financial obligations.
How Much Does a Medical Malpractice Lawyer Cost?
The cost of hiring a medical malpractice lawyer is usually based on a contingency fee model. General estimates include:
- Contingency fee: Lawyers typically charge between 25% and 40% of the total recovery amount.
- Case expenses: Additional costs such as expert witness fees and court expenses can range from $5,000 to $50,000 or more, depending on the case complexity.
Ensure you receive a clear explanation of all potential fees and expenses before proceeding with your case.
Top Questions to Ask a Medical Malpractice Lawyer
Before hiring a medical malpractice lawyer, consider asking the following questions:
-
What experience do you have with medical malpractice cases like mine?
Confirm the lawyer has a successful track record with similar cases. -
How do you charge for your services?
Understand the contingency fee percentage and any additional costs you may incur. -
What is the likelihood of success in my case?
Seek an honest assessment of your case's strengths and potential challenges. -
How long will the process take?
Get an estimate of the timeline for settling or taking the case to trial. -
Will you handle my case personally?
Ensure you know who will be managing your case and their level of involvement. -
Have you worked with expert witnesses?
Verify the lawyer's experience in collaborating with medical experts essential for your case.
How to Check the Credibility of a Medical Malpractice Lawyer
To ensure you're hiring a reputable lawyer, take the following steps:
- Verify their bar status: Check with your state bar association for their license and any disciplinary actions.
- Review their experience: Look for specialization in medical malpractice and a history of successful cases.
- Read client reviews: Consult platforms like Avvo or Martindale-Hubbell for testimonials and ratings.
- Ask for references: Request contact information of previous clients willing to discuss their experience.
- Check professional affiliations: Membership in organizations like the American Association for Justice (AAJ) indicates a commitment to the field.
What Should I Prepare for My First Consultation?
To maximize the effectiveness of your initial meeting, bring the following:
- Medical records: All documents related to your treatment and injury.
- Evidence of harm: Photos, medical bills, and records of lost wages.
- Communication records: Any correspondence with healthcare providers or institutions.
- List of healthcare providers: Names and contact information of all involved medical personnel.
- Questions for the lawyer: A prepared list to address all your concerns.
- Timeline of events: A detailed chronology of your medical care and the issues encountered.
Being well-prepared helps the lawyer assess your case accurately and advise you on the best course of action.
