Why Bernie Mac’s family is suing two years later
August 13, 2010
I am with the reader in his view about the reader’s comment on almost any article, blog or news. The comments are generally misinformed, fail to take into account facts, confuse facts with fiction, and generally, are useless soundbites.
At least the blog here is cleaning up some miss-conceptions about malpractice lawsuits and the non-existent frivolous lawsuits.
I’ve read similar comments on other articles about lawsuits that have been filed. There are a few good reasons why the commenters are wrong.
First, the time limit for filing a wrongful death lawsuit in Illinois is generally two years from the date of a death (one year if it’s against a Government facility). So while a lawsuit can technically be filed at any time, they had up until two years to do it. You will find that many cases are filed right before the deadline.
Which leads us to the second reason. Before filing suit, it is common practice to try and negotiate a settlement. Why spend all of the money on a lawsuit if you can negotiate out of court. That saves you a ton of money on expert fees as well as the extensive work it takes to go to trial. That may or may not have happened here. I suspect it's more likely reason number three which is . . .
Putting together a medical malpractice lawsuit takes a ton of time. On average it takes at least six months to pull a case together. If the family was grieving and didn’t approach a lawyer for a few months (very typical) then their malpractice attorneys would have even less time to get ready.