Medical malpractice is actually more complicated than you might think.
First, medical mistakes are not necessarily the result of malpractice. Bad outcomes, complications or even deaths in a medical context are not by themselves malpractice under the law, even though you may feel that they are.
Second, in order to prove medical malpractice, the injured person (plaintiff) has to show that he or she was injured by the medical provider and that the injury was caused by the medical provider’s negligence. Negligence is defined by the law as an act or omission by the health care provider that fails to meet the accepted standard of care of that specialty and under similar circumstances.
Third, in every medical malpractice case, the plaintiff must have an expert willing to testify to this. Without an expert, there can be no lawsuit. Of course, there is an exception in cases so obvious that no expert is needed, e.g., removing a healthy kidney instead of the diseased one. But these cases are a rarity.
I spent six years in a large law firm where I worked exclusively defending doctors, nurses, hospitals and nursing homes accused of medical malpractice. That experience has given me a unique and valuable perspective and knowledge that many plaintiffs’ medical malpractice attorneys do not have.
I screen medical malpractice cases very carefully because they are time-consuming, taking up to three or more years to settle or litigate and they are expensive due to the need for experts. But I do not shy away from the difficult cases.
If you think you or someone in your family has been harmed by a health care provider, please call me.