Do I have a good medical malpractice case?
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You might have a good case, but we must do a lot of work before we know. First, we will gather the relevant medical records. In investigating the case, we will gather the facts, information about the injuries, future damages, and the identification of the parties, hospitals, nurses, physicians or other medical providers. We identify the venue and the statute of limitations which applies.
We will often after the initial review of the medical records locate a medical expert to review the records before instigating litigation. Establishing that the care was “below the standard of care” or what other reasonably prudent physicians would do under similar conditions requires expert testimony usually. This violation of a standard of care is often called Negligence or Malpractice. We must also show whatever the medical provider did wrong cause the harm to the patient. The causation is often the problem, there can be other causes, and this one must be substantial.
The final part of a case is the damages. Even if the doctor fell beneath the standard of care, the patient can’t sue for malpractice if the patient suffered no identifiable harm. Some harms don’t justify the cost of a lawsuit. You can still report a doctor to a state agency even if you file no lawsuit. (Kansas, Missouri) Although reporting to a state agency will not result in any compensation it will be important in getting the medical provider to improve their performance and holding them accountable.
In evaluating the case, you must consider how many experts will be needed and evaluate the cost in light of the amount of the potential recovery. These cases are expensive particularly if there are multiple experts needed.
You can call us, and we will be happy to chat with you about your case. The call is free.