Despite the quality of medical care or the services rendered, bad outcomes do occur on a regular basis. A medical malpractice or medical negligence action cannot be brought just because there was a bad outcome. The standard of care for the services rendered must be violated. That standard of care is a national standard and the violation must be established by expert testimony. The expert must practice in the same specialty as the defendant and must have been practicing in that specialty when the malpractice occurred.
Medical malpractice cases are difficult and few lawyers are really qualified to handle them. And they are expensive. We often spend $10,000 (paid by the firm) just to screen the case to determine if the bad result was caused by medical malpractice or negligence. This is one of the reasons that the malpractice must cause death or catastrophic injury to successfully maintain an action. Also, most juries will forgive the medical provider for the malpractice in smaller injury cases.
The medical malpractice may occur in any of the many specialties. We are currently looking at malpractice cases involving orthopedic surgery, general surgery, neurosurgery, pediatrics, gallbladder treatment, nursing home care, etc. Each of these cases undergoes a careful screening process by my firm to determine if there was a breach of the standard of care. If there was, then we begin the detailed preparation for trial. While some of these cases will settle, most medical malpractice cases go to a jury trial.
If you believe you or your loved one has been injured by medical malpractice, be sure any attorney you consult has years of experience preparing and trying medical negligence case, and has been successful doing so.
Lloyd W. Gathings