What Do I Have to Prove in a Medical Malpractice Case?
I've been representing patients in medical malpractice cases for over 30 years. And therefore I am very familiar with what it takes to actually prove a medical malpractice case.
It will be helpful to you if I use a specific type of doctor for purposes of explaining what it takes to win a case. Let's assume you have a complaint against your internist. And you believe that that internist made a mistake which caused you an injury.
To prove a malpractice case against that internist, you have to prove first that the internist did not comply with the standard of care that was applicable to internists in this community.
The standard of care is basically the right way to do what he or she was supposed to be doing under the circumstances. And in order to prove that you have to have the testimony of another internist. That's exactly right, you have to have another doctor who is willing to come in and say that the first doctor did not do the right thing.
Second, you have to prove that the failure to do the right thing caused an injury that would not have otherwise occurred.
So it isn't just that somebody made a mistake, you have to prove that the mistake caused an injury that wouldn't have otherwise occurred.
So how do we go about understanding whether or not you have a malpractice case? Well it is very dependent on the circumstances. But at an absolute minimum what we need to do is get your medical records and analyze those records to see whether there is a potential case there.
If you think you have a potential medical malpractice case, please give us a call. We'll get some basic information from you and then determine whether or not we can investigate your case.
If we can investigate your case, we'll have to order the medical records and do other research to determine whether or not we can help you.
We do not charge for this service. And in the event that we determine that you do have a valid case, we will accept your case on a no recovery, no fee basis.
Feel free to give us a call.