Determining If You Have A Case
Generally speaking, to win a medical malpractice case you must have an expert medical provider’s testimony that no reasonable health care provider would have done what yours did. Reasonableness is generally determined by looking at what is reasonable care in view of the:
- Available knowledge;
- Geographic location where the care occurred;
- State of medical practices at the time of the illness or injury
You must also prove through expert testimony that the negligence of your health care provider was a cause of injury or death. A doctor can be negligent but not liable if the injury or death was caused by some other factor. You must be capable of documenting that the negligence caused your injury or worsened your condition. In a case involving misdiagnosis of cancer that caused a patient’s death, for example, the health care provider may argue that the illness was terminal and that nothing could have been done anyway.
Medical malpractice claims tend to be a fight to the death and are settled less frequently than other cases, which means these cases require more time and expense. In order for an attorney to take on a case the damages must be substantial. It is not uncommon for several doctors to testify in a medical malpractice case, doctors that require upwards of $1,500 per hour to review records and answer the attorney’s questions.
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