Do I Have A Medical Malpractice Case

Some people who have been hurt by their doctor or other medical provider may think that they could sue. They will ask a lawyer, do I have a medical malpractice case and a lawyer will have to help them decide. By taking a statement and all information a patient can give the attorney, they will be able to tell if there is enough damage to warrant a lawsuit.

There are two things a patient and their attorney must show before they can bring a lawsuit against a doctor or other health care provider. One, that the doctor or another medical personnel made a mistake and two, that the mistake cost the person harm. Often times it is not easy to prove these two things and therefore a case against a health care provider could be a long process.

Often times it is what a doctor or health care assistant does not do that could cause a patient harm. This is call omission. If they were negligent in their actions or non-actions, then this would constitute a lawsuit. There are sometimes when a person in the health care field is tired and may forget to perform a simple procedure and it causes the patient harm, then a lawyer would help the patient with a suit against this individual and possibly the hospital or clinic they work for.

One of the items a lawyer will check to see is if the doctor or health care personnel followed the standard of care. This is the acceptable normal or average for treatment of a similar person in a similar situation. For instance, a person in Alaska who is an elderly individual would be treated differently then a person in Florida who is in their twenties. This standard of care is also dependent upon where a person lives, not just on their age and condition they start out in.

Even if a doctor made an error, they have to have caused the patient harm in some way before a lawsuit will be able to take place in a court of law. The proof of harm is the second part of the equation and the harm has different degrees to it. Some people are temporarily disabled by a doctor or nurses negligence while others are permanently injured and can no longer function as they used to.

It is a regular practice in the legal community to have at least one expert witness and that could be a medical expert witness who will testify of a person’s injury. They could also call to the stand a dental expert witness if the injury has something to do with a person’s teeth or mouth. Expert witnesses are often paid to say what they think is the problem or what has happened to an individual who is suffering from an injury due to a doctor or nurses mistake. These expert witnesses are expensive at somewhere around $1000 per hour because they are taking off work to testify.

Of course the doctor, nurse or health care technician will also have their expert witnesses in order to dispute whatever an individual and their attorney are claiming. These experts will usually say the opposite of what the first witnesses claim because they want the doctor, nurse or other health care provider to win and be found not guilty of misconduct.

If an individual is injured and they are going to pursue a lawsuit, they will need to ask an attorney, do I have a medical malpractice case. An attorney will be the only person who could help an individual decide if they have a case or not. By looking at all the evidence and weighing all the pros and cons of a trial, which will take a long time, a person will then need to make up their mind if it is worth the hassle to sue.

Expert Witness Legal Firm providing case evaluations and medical expert reports. Call us today!

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