Settling a Podiatrist Malpractice Case

The legal process begins with a signed retainer. Before the law firm can begin requesting medical records and building a case for a financial recovery for the victim of a podiatry injury, the client will need to sign a retainer, giving the firm the right to act on the client’s behalf.

The first step is gathering and examining the medical records. Requesting the records is simple but obtaining the records can take time. As you might imagine, when a podiatrist or a hospital gets a request for medical records from a law firm, they will likely understand that they have a potentially serious legal problem. This can result in a lack of cooperation or a slow response for records.

Often, we will receive only some of the medical records we requested, so we must go back and forth to obtain a complete set of medical records. Then our experts will need time to review to these medical records to establish whether medical malpractice occurred and determine the extent of the damage to the client. 

Time frame: Approximately six months from the time we receive a signed retainer

Most cases are settled out of court well before the court date. Some negotiations are negotiated right up until the court date before a settlement is agreed upon. Of course, in some cases, the defense will not agree to a fair settlement, and the case must be taken to court. Of course, the decision whether to settle or go to trial is made with the consent of the client. Fortunately for our clients, Brown & Barron has a strong reputation for winning podiatry malpractice cases in courtrooms throughout Maryland and Washington, D.C., which motivates the podiatrist’s medical defense team to agree to a fair settlement before it goes to trial.

Time frame: Varies from as short as one month to two years from the date the claim is filed

As soon as the medical records review indicated a solid case, we would have filed a lawsuit and requested a court date. At this point, we are at the mercy of the court system and the court scheduling order in Maryland and Washington, D.C., to grant us a court date. This can vary depending on what county in Maryland your injury took place (or if it was in D.C.). Those scheduling orders to establish a court date can take up to two years from the date we file your case. As noted above, there is a great deal of legal work that is done in this timeframe, including the possible negotiation of a settlement.

Time frame: Approximately 2 years from the date the case is filed

After the financial recovery amount has been finalized, either by settlement or a trial verdict, there is a brief period of waiting until the release of that money to the client. Once we get the release finalized and signed, and complete the paperwork for the settlement, the checks are cut and given to the client.

Time frame: Approximately 30 days.

In any medical malpractice case, there is a deadline called the statute of limitations. In Maryland, this is generally three years from the date of the injury. In some rare instances, it can be three years from the date the injury was discovered, but no more than five years from the date of injury itself.

Time flies, so it is incredibly important to contact an experienced podiatry malpractice attorney as soon as possible, to prevent the expiration of your time to file a claim. With Brown & Barron, there is never a cost to consult the law firm regarding your case.

Brown & Barron also works on a contingency basis, which means that there are never any out-of-pocket costs when you sign a retainer. Brown & Barron is only compensated for our services and expenses if you win, and that fee is paid from an agreed percentage of the financial recovery we have won for the victim and his or her family.