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Steps of a Lawsuit

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So let's, let me go over quickly the medical, uh,

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lawsuit steps.

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So once an alleged injury has been discovered,

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what happens after that?

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So there is filing of the lawsuit

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after it has been discussed by the plaintiff

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and the plaintiff lawyers.

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And at that time point also, as they are discussing this

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amongst themself without having served, uh,

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the responsible physician, uh, they, they,

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they make a judgment whether they should proceed or not.

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So it can be definitely dropped or dismissed at that point.

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But once they decide to go on, then the defendant,

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which would be a radiologist in this case, is, is served,

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uh, above with the notice that, uh, there is a intent,

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uh, for, for this.

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And at that point, the defendant talks

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with the risk management in the hospital

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or in, in, in the practice they are in and, and,

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and alerts the, uh,

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lawyers at the hospital about, about the case.

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Then, uh, there's a talk amongst them.

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Now, the defendant lawyers, the risk management

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and the responsible person about the response to the case.

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If the response is not really good, if there is something

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that cannot be really defended upon, obviously it'll go

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to a default judgment.

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But if the response is yes,

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and they're going to pursue further, uh, the case at

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that point, also

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after discussion with the plaintiff's lawyer,

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the case can be completely dropped.

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Or at that point, they'll say, yes,

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the mistake has been made

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and it, it's, it's quite clearly a mistake.

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And this can be settled

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and agreed upon at that point also, uh,

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if they want to go still further.

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And then the phase of bringing all the imaging,

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the patient charts

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where whichever hospital the patient was at,

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all those documents are, are obtained and didn't review.

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This is the point where the medical legal experts come into

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play from the plaintiff's sides, from the,

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from the defendant's side, depositions are done.

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And at that point also there, uh, there can be two scenarios

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that it could be dismissed

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and dropped, uh, based on all the discussions

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and everything, or they can settle outside of court,

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uh, at that point.

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Also. Next would be that if, if none of these can be,

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can be obtained among mutual agreement,

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then the case obviously goes to trial.

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And then at that point also these two,

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they can be dismissed, drop or settled outside of the court.

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But once, uh, goes toward it, you can have a defense win or,

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and you can have a plaintiff win.

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And overall, if you look at the numbers again,

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63% are dropped or

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Dismissed. So that's a very

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high number.

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Uh, 28% are settled outside of the court,

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five to 6% go to trial.

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And of that, about 5% is a defense win,

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and 1% is, uh, plaintiff win.

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Sorry. So just from these statistical numbers, you can,

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you can realize that lawyers really do not want the

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case to go to trial, uh,

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because they know that they do not have,

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statistically speaking, they do not have a good chance

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of winning, winning, winning this.

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So most of the time, and that's the reason that, uh,

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28% settlement is a very, very high number compared to

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that 1%, uh, that they get out of, uh,

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from the judge at, at, at the verdict.

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And, and, and another another thing to realize from this is

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that we do talk about lawyers that they do this

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and they do that, but really they only want

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to put their time

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and money in, in a case, which is totally legit.

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It's not, it's not good for them to take a case just

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for the sake of taking the case.

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So keep keep that in mind. Also.

Report

Faculty

David M Yousem, MD, MBA

Professor of Radiology, Vice Chairman and Associate Dean

Johns Hopkins University

Majid Aziz Khan, MD, MBBS

Director, Non-Vascular Spine Intervention

Johns Hopkins University

Mahla Radmard, MD

Postdoctoral Research Fellow

Johns Hopkins University School of Medicine

Kelly P. Yousem, JD

Plaintiff’s Attorney

Tags

Non-Clinical