When looking at filing medical malpractice cases or hiring one of the top medical malpractice attorneys, it is important to define what actually makes an appropriate or viable medical malpractice case. This article seeks to define that and help guide you to hiring an appropriate attorney.
What is the definition of medical malpractice?
By definition, medical malpractice occurs when a healthcare professional is negligent in performing their professional duties according to appropriate standard of care (that is, it must be similar to what any other medical professional would do with the same information). This usually has led to some sort of harm. This is usually verified by other medical witnesses/experts.
What creates good case quality?
In order to create a quality case, the most important thing to have is a reliable, knowledgeable and reputable expert witness to testify on your behalf. As payment is usually required, selecting this person is a decision that should be made with thought and review. Not all expert witnesses are created equal.
As a general rule, most cases are seen as having more quality when reviewed by a second medical professional. It is important that both medical professionals reach the same end decision. You may want to consider starting a relationship with these people before your case goes to court, just to make sure you have an understanding of each other and how you both work.
There are a few potential complications with medical malpractice cases. This means each case is unique and should be treated as much.
– No deviation from standard care : Essentially, this means that the medical professional performed his or her job according to appropriate standard of care. Recovery is unlikely as the requirement is on the plaintiff to prove the deviation.
– No casual connection : This means there is no causation between the treatment and the outcome. The plaintiff must prove how the diagnosis or treatment of the medical professional lead to damages. The defendant may argue that another factor could have led to the same outcome.
– Lack of support of damages : Even if it is proven that the medical professional broke from standard of care, there must be proof that damages did occur. If the damages are covered by current insurance policies (such as worker’s compensation or health insurance), a personal injury lawsuit will not be favorable.
Often, lawyers are less likely to get involved with a case if they do not believe the decision will be favorable. They may also decline the case if the damages being sought are small in relation to the cost of litigating the case. Understanding the potential complications and what makes a successful case will greatly increase your chances of being accepted by a top medical malpractice lawyer.
If you believe you have a medical malpractice cases, you should first contact a medical malpractice lawyer. A top medical malpractice attorney will walk you through your case and help you decide whether a lawsuit will be favorable or not.
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