Medicine is an art, not a science. No doctor or other health care provider can or will guarantee a good result. Sometimes, even in the best hands, there is a poor outcome. Some poor outcomes, however, are the result of below-standard care. These are the outcomes which may lead to a successful medical malpractice case. If you or a loved one have had a bad outcome, here are the questions you should be asking.
The first question is whether what happened to you or your loved one was a surprise? While even routine procedures or treatments with expected good results can sometimes go wrong, when they do, there is a higher than usual chance that medical malpractice was involved.
The second question is what do the records say? The answer to this question will be important but will not necessarily be determinative. As I have often seen, even when things go very badly, sometimes you would never be able to tell from the medical records. Some doctors will write in the records that everything went well, even when there has been a major problem. When the records and the outcome do not match, the reason is often that there has been malpractice and the doctor is trying to cover it up. The records will usually contain a lot of medical terminology, which makes it difficult for a lay person to understand what the doctor is saying. Professional help will be required to determine what the records say and what actually happened. The answers to those two questions may not be the same.
An extremely important question is how badly did things go wrong? Because of the expense and time involved in bringing a medical malpractice claim, it does not make economic sense to bring a claim where the injury is not likely to result in a jury verdict large enough to cover the costs and leave something over for the patient and the successful attorney. The civil justice system is stacked against patients and only the most seriously injured patients can participate. I frequently tell prospective clients that they do not want to hear me say that they have a good medical malpractice case because, if I am saying that, it means that they or their loved one has been permanently and tragically injured.
If you answered yes to any of these questions, especially if you answered yes to question three, you need to speak to an experienced medical malpractice lawyer. Only an experienced malpractice lawyer, who has tried cases and knows his or her way around the courtroom and the medicine, will provide you with the best chance to figure out what happened and to make a recovery for you, if there has been malpractice. As I mentioned above, these cases are complex, expensive and time-consuming. The legislature has created special rules for malpractice cases in an attempt to prevent patients from winning and to keep down awards, in the event that they do win. This is no field for dabblers. Experience always counts in personal injury cases and counts here more than ever.
If you or a loved one has suffered a serious injury while receiving medical care, feel free to call me. I may not be able to take your case, but I will give you my best answer to the question of whether you have a medical malpractice case or not.
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