Legal Question in Medical Malpractice in California
How much money do you think a Defendant's counsel/Insurance will spend, in the most Minimum Amount, in a Medical Malpractice action (Unlimited), (about an elderly plaintiff suing a small Urgent Care center cause they put a splint too tight on Plaintiff's hairline broken arm that cause bruising/discomfort and Plaintiff had to go to another clinic, and ER, to get another splint put on, the right way) to get through Summary Judgment, assuming they failed at the pleading stages (Demurrer Overruled), and only depose (short 1-hour deposition) one person- the Plaintiff, and keep discovery as short as possible, and hire the least expensive Medical Expert witness for their defense? Do you think defendant will spend about a.) $7,000-8,000,,,,b.) $9,000-10,000,,,,,,,c.) $10,000-12,000 ,,,,or,,,,,d.) about $15,000.
3 Answers from Attorneys
Much much more than $15,000.
What makes you think that they'll do anything to minimize expenses? They will depose the plaintiff, the medical workers at the Urgent Care center, the ER and the other clinic, and have an expert witness review all of the medical records. Med-mal carriers vigorously defend all med-mal claims, even claims of limited value. This is an intentional tactic to increase the plaintiff's "cost of admission" for all med-mal cases to discourage attorneys from taking on small cases. By doing so, the insurance carriers don't have to settle small cases.
The facts you stated in your post are hardly sufficient to get any med-mal attorney interested. Bruising and discomfort and minor additional medical expenses that were probably covered by Medicare? If the plaintiff's arm fell off there may be a case. By making little cases as difficult to litigate as big cases, the little cases disappear.
If you are asking in order to make a settlement demand, I assure you that cost of defense is not a major issue to defendants in a med mal case, They are generally defended 'to the death' at all costs, on 'principle' for the honor of the doctor is at stake. You will either win the case at trial, or not. Settlement for any real value would be possible only in a slam dunk plaintiff's case, which is seldom, or early before filing in the case for a 'token' payment to get rid of an annoyance. Think hundreds, not tens of thousands.
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