Medical | Do I Have A Medical Malpractice Case?
March 19, 2010 – 10:04 am
Medical malpractice claims are very complex and in many cases are tough to win. You should not expect a big payday simply because your medical procedure did not go as expected. Before taking your case, a medical malpractice lawyer will evaluate several factors in order to determine if your claim is worth pursuing.
Liability
The most important factor to evaluate when determining if you have a valid medical malpractice case is liability. There are two separate elements to proving liability: negligence and causation.
To hold your health care professional liable for your injuries, you will have to prove that his care was negligent in some way. Certain procedures have high risks and low success rates. A poor outcome for your procedure does not necessarily imply negligent or subpar care. You will have to provide evidence, generally by expert medical witness testimony and medical records, that the doctor or hospital was negligent in their care.
Examples of negligent care include:
Failure to diagnose a condition Failure to properly treat a condition Anesthesia errors Medication errors
However, simply proving negligent care is not enough to hold your health care professional liable for your injuries. You will also have to demonstrate that this negligent care was responsible for causing or exacerbating your condition.
Damages
Once you have established liability, you will need to show that you have suffered damages. You may be entitled to receive compensation for:
Medical costs Lost wages Pain and suffering
The actual dollar amount of your damages will be determined by the specifics of your case, such as the total cost of your current and future medical expenses, the amount of income you have lost from the injury, and the extent to which your life has been altered.
Choosing the Right Attorney
You will want to work with an experienced medical malpractice attorney who possesses a sophisticated understanding of the medical principles involved in your case. Your lawyer will need to be able to evaluate your medical records for signs of malpractice and interrogate expert witnesses who can prove negligence on your behalf.
It is a good idea to research the background of any lawyer you are considering before choosing to hire him. You will want to look at the lawyer’s track record. In other words, what percentage of his previous medical malpractice claims resulted in a successful outcome for the client? Does your potential lawyer usually settle claims or take them to trial? If the insurance company knows your lawyer has a reputation for settling out of court, it may affect the way they negotiate.
If you have suffered serious injuries due to medical malpractice, the stakes are too high to settle on the first attorney you find. It is important to take the time during your selection process to make sure you find a lawyer who can provide you with the high quality representation you deserve.
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