Order Allow,Deny Deny from all Can a medical malpractice case be reopened after it settled if new side effects are discovered? | Jay Cooper Law Office

Attorney at Law since 1986

Florida Circuit Civil Mediator & Qualified Arbitrator


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One of the problems with settling any personal injury case whether it’s medical malpractice or another type of tort action is that once you sign a release you can’t go home again. If you’re in a position to settle a case it’s important that the lawyer and the client work together to determine that the client is in fact at what we call a maximum medical improvement. If there’s a need for future medical expenses that’s a subject that has to be addressed by the client’s doctors and lawyer is going to try and get a projection of what those future medical expenses are going to be, because when you sign a release in most instances you can’t go home again, you can’t come back and say, “Hey, man, I’m hurt a lot worse than I thought it was and now I want to reopen my case.” It’s very important that a lawyer work with the doctors that are involved with the client to figure out what are the possible long range sequelae of this injury because once you sign that release the game is over.