Do I Have a Medical Malpractice Case?
Not every bad outcome is the result of medical malpractice. It’s possible to have a poor outcome even when everyone involved did their job right. Here are some things to consider if you think you have grounds for a medical malpractice case:
- A medical malpractice caseis brought against a person or facility that provides negligent medical care.
- There are three elements of any medical malpractice claim:
- Negligence: A medical professional is negligent when he or she fails to meet the standard of care under the circumstances. (Meaning, he or she did something that no other reasonably careful doctor would do under the circumstances.) The standard of care does not require doctors to do their best, only that they provide minimally acceptable care.
- Causation: A medical professional can only be held responsible for their negligence if it is “more likely than not,” meaning probably not just possibly what caused the injuries.
- Damages: These are the injuries caused by medical negligence, and may include permanent disability or death, loss of income, emotional distress, and pain and suffering.
- In order to bring a medical malpractice claim, Negligence and Causation must be determined by medical experts of the same specialty as the negligent professional after reviewing the patient’s medical records. For this reason, these cases can be very expensive and time-consuming for our firm and very personally invasive for the patient. We do not recommend these cases unless the Damages are substantial enough to outweigh these costs and risks.
If you feel you or a loved one has been the victim of medical malpractice and would like to have your potential claim evaluated, submit your inquiry now.
All inquiries go directly to one of the experienced medical malpractice attorneys at Barrett, Fasig & Brooks for a personal professional evaluation.