Do you have a case for medical malpractice?
To begin with, there are three issues that must be covered for a medical malpractice case to be proven:
1) That negligence was caused by at least one health care provider or medical professional
2) The negligence was the cause of injury or death
3) The damages caused, resulted from the negligence
Today's blog examines medical malpractice and asks the question, "do you have a case for medical malpractice?" Dr. Bruce G. Fagel, a leading medical malpractice attorney, who is also a licensed medical doctor, explains additional steps that must be addressed, before his law firm takes on a medical malpractice case.
One of the most critical decisions to make with any medical malpractice case is the initial determination whether the case can be tried in front of a jury or settled prior to trial. If the case can't be tried in front of a jury or settled prior to trial, there is no reason to proceed.
A critical element to the case will be the medical records. This is where most of the evidence for the case will be located. Careful analysis of the medical records is paramount.
One important advantage Dr. Bruce G. Fagel enjoys is being both an attorney and a medical doctor. This gives Dr. Fagel the ability to analyze and interpret medical records to see if there is evidence of negligence. Negligence in a medical malpractice case is medical care that is below an acceptable standard of care for physicians in the community or hospitals. Also, does the negligent care cause the injury or death of the patient.
Examination of the medical records is often made very early in the case. Even if the medical professionals responsible for the negligence deny there is any negligence, an experienced quality medical malpractice lawyer can make a determination to see if this is true or false.
Proving negligence in a medical malpractice case will require analyzing the facts and using expert testimony to demonstrate the medical care was below an acceptable level.
If Dr. Fagel determines negligent care was a cause of the injury or death, his law firm has the ability to pursue these types of cases to a successful conclusion, regardless of the resources the medical professionals or hospitals may have to defend themselves.