James S. Bostwick, founding partner of Bostwick & Associates, joined Jeff Hayden on KALW 91.7 FM’s Your Legal Rights to discuss the complex world of medical malpractice law. With over 45 years of experience representing catastrophically injured clients nationwide, Jim offered listeners a detailed look at the challenges and nuances of pursuing justice when medical professionals make mistakes.
Medical Malpractice vs. Personal Injury
Jim explained the key differences between personal injury and medical malpractice cases. While personal injury cases often involve everyday accidents or product-related injuries, medical malpractice claims require a sophisticated understanding of medical standards and expert testimony.
"Doctors spend years training to prevent mistakes, so proving negligence in a medical malpractice case is highly complex."
He explained how a single incident could involve overlapping claims, such as when a car accident leads to medical errors during treatment.
Why Medical Malpractice Cases Are Challenging
The interview highlighted why finding a lawyer for a medical malpractice case can be difficult. Cases are expensive, complex, and risky for lawyers to take on, often requiring hundreds of thousands of dollars for medical experts alone. Jim emphasized that lawyers who handle these cases must be willing to finance them upfront, as injured clients often cannot cover these costs. Additionally, he discussed the limits on non-economic damages, such as pain and suffering, which have increased recently but remain capped, adding another layer of challenge for plaintiffs.
The Role of Experts and Jury Bias
Jim underscored the critical role of medical experts in establishing breaches of care and causation. He explained that the majority of cases that reach trial are won by the defense, partly due to jury bias: jurors naturally trust doctors and hospitals, making it harder to prove malpractice. Location also matters, as jury composition can significantly impact the outcome of a case.
Practical Advice for Families
For families facing unexpected medical outcomes, Jim offered practical guidance. He emphasized advocating for oneself or loved ones during treatment, asking questions, and documenting care. Most importantly, he stressed consulting a specialist in medical malpractice law to understand one’s rights and options.
"There are very few lawyers who take medical malpractice cases, and they are among the best for a reason."
Notable Cases and Achievements
Throughout his career, Jim has obtained record-breaking results for clients, including the largest medical malpractice jury verdict in U.S. history. He reflected on some of the most memorable cases, like representing a young patient who suffered catastrophic injury due to a radiation therapy error, a case that garnered national attention.
Listen to the Full Interview
To hear more from Jim Bostwick about navigating medical malpractice claims, finding the right legal representation, and understanding the complexities of this challenging field, listen to the full interview.