Medical malpractice refers to the behavior of a medical provider that falls below the standard of care. The injured party must be able to prove his or her case in court. The injured party must prove that the medical provider breached his or her duty. In other words, the medical provider did or failed to do something that violated the standard of care. This can be very complicated since the practice of medicine is complex.
At Patton and Patton, we can help you make the best decisions when dealing with the complexity of medical malpractice cases.
There are many questions that accompany a medical malpractice lawsuit. How do I prove my claim? How much is my case worth? Are their time limit? Learn the answers to these and more.
Yes. You will need a lawyer to investigate the case, gather the needed documents, consult with medical experts, make a demand, negotiate a settlement or to file the case and present the evidence to the jury.
You will need a Topeka medical malpractice lawyer that can provide you a clear analysis of your case in clear, understandable language. Here are some of the common problems and issues involved in a medical malpractice case.
The first issue in many medical malpractices cases is that of causation. Just because there is an adverse result from a procedure does not mean in a court of law that the Judge will assume that the bad result came from malpractice. The plaintiff must have sufficient evidence regarding causation to avoid summary judgment. For example, there have been several studies that have linked unopposed estrogen with endometrial cancer. It’s important to find similar links in established academic research in your case. If there is no evidence of causation, the defendant can move to have the case dismissed. So we must prove by evidence the doctor’s negligence and also that the act of negligence caused the injury.
Unless the negligence is so apparent that a layperson can understand it, we must have expert testimony on the standard of care and the cause of the injury. An expert must testify based on what is probably true not what is possible.
No. The injured party in a medical malpractice claim must prove the injury was proximately caused by the negligence of the defendant. We must prove, by evidence, that not only did the doctor do something wrong, but also the failure actually caused the injury. There are many mistakes that do not produce injuries which would not result in a good medical malpractice case. There are mistakes that produce injuries that do not fall below the standard of care. You can see this is a complex matter, which is why you should contact a Topeka medical malpractice lawyer to help you.
Yes. You should be aware that there are very strict time limitations for filing medical malpractice cases. If the case is not filed within that relevant time period, the plaintiff is forever barred from bringing the action. Therefore, if you choose to further pursue a case, we strongly urge you to retain a lawyer immediately. Give us a call!
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