Negotiating a Medical Malpractice Claim

[miltonz]

My question involves medical malpractice in the state of: Arizona

I need to move forward with reporting my former doc to the appropriate state boards. I would like to attempt negotiation with this individual thereby possibly avoiding this approach. My first question is establishing a baseline for negotiation. Where do I begin?

I have an extreme case with merit and it would unquestionably prove very embarrassing for the prominent doc involved. I am past the statute (4 year mark) and was unable to initially proceed with legal action due to my significant injuries and my need for continuous long term medical care. This individual need to recognize his blunder which has left me disabled with over $100,000 (and growing) out of pocket medical expenses.

If settlement is unable to be reached I would require representation at the board hearings since he will have insurance company legal council present. Malpractice attorneys are interested in profitable cases and would be unwilling to waste their time on this. I've thought of law school students ? Does anyone have any strategies on how to proceed?


Appreciate it.

[jk]

it sounds like you are attempting to blackmail him into paying you for something. Anytime you make reporting a person, or actually not reporting them contingent upon you receiving money, you are risking being charged with extortion.

If you want to report him, report him. If you have a valid malpractice suit, go for it. Don't try to make this a "I won't tell if..." issue. That is illegal.

Oh, I see, you are beyond the statute of limitations and still want money from the doctor.

looking more and more like extortion to me.

. This individual need to recognize his blunder

then write him a letter explaining it to him. Just don't threaten to report him if he doesn't pay you money.

[Who'sThatGuy]

then write him a letter explaining it to him. Just don't threaten to report him if he doesn't pay you money.

And sense the statute has run, don't expect the doctor to pay you any mind ether.

[jk]

And sense the statute has run, don't expect the doctor to pay you any mind ether.

well, after all, it was only meant to inform the doctor of his error. Any good doctor would be interested in some mistake he made if only to know to not make the same error in the future, right?

Not sure what this OP is thinking.


actually OP, while I have not looked at the statutes concerning limitations, in most states, there are some allowances for times when an injured party is actually not able to mount a case. I have no idea what:

I am past the statute (4 year mark) and was unable to initially proceed with legal action due to my significant injuries and my need for continuous long term medical care.

speaks to specifically but if something such as you were in a coma or mentally impaired for some time, it might be worth speaking with a lawyer about the time being tolled for that period.


but in no way would I consider attempting to negotiate payment for your silence.