FAQs

Recently, we sat down with Tom Donahue, co-founder of Donahue & Horrow LLP, to discuss the complexities of medical malpractice litigation, particularly in cases involving catastrophic brain injuries and birth injuries. With decades of experience, Tom provided insights into some of the most challenging aspects of these cases and shared his approach to achieving successful outcomes for his clients.

 

Q: What is the key challenge in establishing malpractice in birth or catastrophic brain injury cases?

A: A significant challenge in these cases is obtaining expert testimony. Many physicians are reluctant to testify against other doctors, which limits the pool of available expert witnesses for plaintiffs. In contrast, the defense can draw from a much larger pool of experts, often securing highly qualified individuals who will provide testimony in favor of the healthcare provider. This creates an uneven playing field for plaintiffs.

 

Q: Why are expert witnesses so important in medical malpractice cases?

 

A: In every medical malpractice case, you must have an expert witness who can connect the dots between the medical error, the negligence, and the resulting injury. It does not matter what I think, or what the client thinks—an expert has to explicitly establish causation. The defense, in every case I have handled, always has highly qualified experts who will argue that the negligent act had nothing to do with the injury. The role of the plaintiff’s expert is critical in establishing that connection.

 

Q: How does the defense approach expert testimony in medical malpractice cases?

 

A: The defense typically hires multiple experts, often in various specialties, to challenge different aspects of the plaintiff’s case. They may bring in up to a dozen experts to attack the credibility of the plaintiff’s claim from every possible angle. As a result, even though the plaintiff could theoretically prove their case with one or two experts, they often need additional experts to rebut the defense’s numerous claims.

 

Q: Why are medical malpractice cases so expensive?

 

A: Medical malpractice cases, particularly those involving catastrophic injuries, are costly because of the numerous expert witnesses required, extensive medical records that must be obtained and reviewed, and the length of the trial. To pursue these cases, the lawyer often must finance and advance hundreds of thousands of dollars to cover the costs. If the case proceeds to trial, the total expenses can easily exceed a quarter of a million dollars, making it a significant financial risk for the attorney.

 

Q: What makes medical malpractice cases challenging for juries?

 

A: Medical malpractice cases often involve highly complex medical issues, which can be difficult for juries to understand. The key is whether the case’s medical aspects can be simplified and explained clearly to a jury. On the other hand, cases involving straightforward negligence—such as when a healthcare provider fails to act or delays action—are generally more relatable and understandable to a jury. It is important to present the case in a way that makes sense to people who do not have a medical background.

 

Finding a California Medical Malpractice Attorney

If you or a loved one has been impacted by what you believe is medical malpractice, it is important to seek legal advice from a knowledgeable team. At Donahue & Horrow LLP, we specialize in medical malpractice cases, particularly those involving catastrophic injuries, and have a strong track record of success. Contact us today for a free consultation to explore your legal options and determine the best path forward.