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Terminally Ill Med Mal Plaintiffs
Living victims of medical malpractice are almost always, by definition, not in the best of health. Some have lingering problems, such as scars or recurring pain, but others will have sustained injuries that will eventually lead to their demise. Some may not have suffered life-threatening injuries at the hands of their medical providers, but they are expected to die soon anyway from an unrelated terminal illness, or merely old age. In these situations, the necessity of a speedy resolution to the plaintiff's claim is evident; without it, any benefit the victim might have gained from an award will go to his or her heirs rather than to claimant. In addition, the loss of the claimant's personal testimony at trial may prejudice the outcome of the case.
In many states, attorneys representing terminally ill medical malpractice plaintiffs have at their disposal laws that can grease the wheels of the litigation machine, speeding up the process when the claimant's health is in a precarious state. Some of these laws are specifically aimed at helping the plaintiff who is suing the person or entity that allegedly caused the life-threatening situation, while others are more general, allowing for expedited proceedings for anyone who is ill or over a certain age. Knowing about and employing the speedy discovery and trial provisions available in your jurisdiction for clients such as these is imperative to optimal outcomes.
Expedited Trial Provisions: A Few Representative States
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