Malpractice Lawsuit Process and Potential Settlement or Award

[Cacogen]

My questions involve medical malpractice in the state of: Washington

A friend of mine suffered a large subarachnoid hemorrhage a few years ago -- after multiple trips to health care practitioners complaining of sudden onset, severe neck pain/stiffness, with headache radiating over the top of his head to behind his eyes. An aneurysm sentinel bleed was evidently never included in the differential diagnosis process as no imaging tests that would have identified an aneurysm were ordered.

He now has substantial cognitive deficits and severe motor skills impairment, and is unable to drive, and unable work in his previous capacity, where he made upwards of $60k annually. He was in his early 30s at the time of the rupture. Presently, he's living off social security disability -- he's not able to work.

On my second attempt, I managed to find for him a reputable firm who was interested in his case. Some months later, his lawyer filed a lawsuit against multiple parties. Interrogatories and requests for info from the defendants' lawyers have been completed, and my friend and the defendants have been deposed as of late last year (not sure if expert witnesses have been deposed). In February, "NOTICE OF ASSOCIATION OF COUNSEL" was entered in the online record of his case. Co-counsel is from a different (and also quite reputable, so far as I can tell) firm.

Unfortunately, my friend -- while extremely curious as to the time frame and likely outcome of his case -- is highly reticent to ask any questions of his lawyers, who seem happy enough to carry on with their business without volunteering much information to him.

My questions:

1) Having come this far, and with his law firm no doubt having spent a substantial amount of money, what's the chance that something could yet derail the case entirely such that it's dropped by his lawyers or thrown out by the judge? As far as I can tell, this will either settle or go to court, but I might be missing something.

2) Now, his case doesn't seem to me nearly as complicated in terms of the medical issues as many malpractice cases. I've told him that he might expect as much as an additional year before his case is resolved (assuming a settlement). Does that seem about right? I know there are multiple variables.

3) With the limited information I've provided, any thoughts as to what percentage of cases like his settle and what percentage go to court?

4) His lifestyle has dramatically changed for the worse and he, naturally, finds himself thinking about possible settlement figures (not too inclined yet to think about the possibility of a trial). I've informed him that, in the state of Washington, non-economic damages -- while not hard-capped -- may not exceed economic damages. I've floated some (intentionally conservative) settlement numbers based on similar cases I've been able to find online, but I'm really not sure if I'm off-base. I would be interested in hearing any very rough and qualified ball-park estimates of what he might realistically receive in the way of compensation.

Thanks for your help.

[Mr. Knowitall]

Things can come up in malpractice cases that affect their viability. Doctors and hospitals often make it impossible to fully evaluate a case before a lawsuit is filed, and the relevant information can be obtained through court-compelled discovery. That said, malpractice lawyers are pretty careful about screening their cases and a reputable firm is likely to obtain a settlement offer of some amount even if the case turns out to be weaker than they initially thought. How long can a case take? It depends upon the congestion of the court's docket, the complexity of the case, unexpected issues with parties or witnesses.... it's possible that a trial date has already been scheduled, and if so the case is likely to settle by that date - although sometimes it takes several trial dates before a case is settled or tried. Most cases settle. His lawyer will have an economist on board to project damages - it's not something we can really do off-the-cuff.

[Cacogen]

Things can come up in malpractice cases that affect their viability. Doctors and hospitals often make it impossible to fully evaluate a case before a lawsuit is filed, and the relevant information can be obtained through court-compelled discovery. That said, malpractice lawyers are pretty careful about screening their cases and a reputable firm is likely to obtain a settlement offer of some amount even if the case turns out to be weaker than they initially thought. How long can a case take? It depends upon the congestion of the court's docket, the complexity of the case, unexpected issues with parties or witnesses.... it's possible that a trial date has already been scheduled, and if so the case is likely to settle by that date - although sometimes it takes several trial dates before a case is settled or tried. Most cases settle. His lawyer will have an economist on board to project damages - it's not something we can really do off-the-cuff.

Thanks for your reply.

I would imagine that the two firms have some sort of standing arrangement, but does the fact that they brought aboard a second attorney from another firm indicate anything about their confidence level or commitment to the case?

One other thing: his lawyer successfully petitioned to have the court appoint a guardian ad litem. I understand what that is generally, but exactly what function will this person serve in these proceedings?

Thanks again for your assistance.

[Mr. Knowitall]

There are a number of reasons why another attorney might be brought on board. Perhaps he has particular experience with the type of injury at issue, or perhaps he is a particularly skilled trial lawyer.

A guardian ad litem serves as the person's guardian for the purpose of the litigation. It's reasonable to infer that the appointment relates to the plaintiff's cognitive defects, with the court being concerned that his interests are being adequately safeguarded.

[Cacogen]

There are a number of reasons why another attorney might be brought on board. Perhaps he has particular experience with the type of injury at issue, or perhaps he is a particularly skilled trial lawyer.

A guardian ad litem serves as the person's guardian for the purpose of the litigation. It's reasonable to infer that the appointment relates to the plaintiff's cognitive defects, with the court being concerned that his interests are being adequately safeguarded.

The secondary attorney's profile on the firm's website specifically notes his experience as a mediator, arbitrator, and evaluator. Does that background involve training or skill sets of any particular use in settlement negotiation?

If a trial date has been scheduled in a Washington superior court, is that public information? Washington superior court trial dates don't appear to be available online.