If you or a loved one were seriously injured because of medical malpractice, you are probably asking, "can I file a medical malpractice lawsuit?" Dr. Bruce Fagel, a top medical malpractice attorney and a licensed physician, explains what requirements must be met for an injured patient to file a medical malpractice claim.
A patient who has been injured by medical malpractice must prove that a duty of care was owed by the treating physician, the physician violated the applicable standard of care, the patient suffered a compensable injury, and this injury was caused by the substandard care. If medical malpractice is proven, the patient can receive compensation for the pain and suffering, loss of wages, medical bills, and other damages.
Dr. Fagel makes an initial determination whether the potential case can be tried in front of a jury or settled before trial. If the case does not meet either threshold, then there is no need to proceed. If the case does move forward, most of the evidence crucial for winning the case will be located in the medical records.
Since Dr. Fagel is a top medical malpractice lawyer and a licensed medical doctor, he is able to personally review the case including the medical records to see if there is evidence of medical malpractice. Medical records are often examined early in the case for signs of medical negligence. The medical records are examined regardless of what the doctor or hospital is telling the patient, the patient's family, or the patient's attorney. Doctors and hospitals are not likely going to admit they were responsible for medical malpractice, in fact, they may try to use complicated medical terminology to confuse the patient or the patient's attorney, or attempt to blame the injury on a pre-existing medical condition of the patient. Therefore it is important that the patient's attorney understands how to interpret medical records and identify signs of medical malpractice.
If medical malpractice is determined to be the cause of the injury to the patient, the attorney for the patient can then proceed, including bringing in medical experts to verify that the physician or hospital was responsible for the injuries.
If you or a family member has been seriously injured or died due to medical malpractice, call the Law Offices of Dr. Bruce G. Fagel & Associates at (800) 541-9376 for a free consultation.
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