When a person comes to me and suspects that they have been the victim of medical malpractice, I perform an extensive interview and get as much information as I can from their perspective–what happened and what they think went wrong. Frequently, people tell me that one doctor treated them, then they saw a different doctor, and the second doctor was critical of how the first doctor performed his or her medical services. The second thing is we obtain all of the relevant medical records pertaining to their situation. I will review them, and then I will have a doctor review them as well, so that we can determine what went wrong, why it went wrong, and whether there is a malpractice case.
Consequently, there is quite a bit of investigatory work before a case is ever brought. I think that, like most attorneys in this field, the vast majority of times that people consult with me they either do not have a case or do not have a case that can be successfully pursued. I am very honest with people even though it might not be what they want to hear. I tell them the truth–if I do not believe that they have a valid case, I will tell them my opinion and encourage them to consult with another attorney for another opinion. However, if I believe they have a valid case, they can be sure that I will do everything I can to help them be successful in pursuing the case.
What makes up a valid malpractice case is, number one, did the doctor, hospital, or medical professionals deviate from standard practice–did they do something that was wrong, or not what is normally done under those circumstances? That is number one. Were they careless, negligent, and did they deviate from standard of care?
The second thing is was a person injured because of that malpractice. I see cases where people come in, and it is obvious to me that the doctor or hospital has committed malpractice, that they have done something wrong. However, fortunately for my client, their injuries are very small or perhaps no injuries at all. For example, I have had consultations where people tell me a second doctor told them they could have died because of what the first doctor did–fortunately, they did not die; fortunately, they obtained appropriate treatment and did not suffer any ill effects from medical negligence. In those circumstances, there is just no way to pursue the case. So, if a person has a malpractice case that is valid, and something we can pursue successfully, the first thing is, was the doctor or professional negligent, or careless, and the second, are there sufficient damages to pursue the case?
Are Medical Malpractice Cases Generally Against Doctors Or Other Healthcare Professionals As Well?
Under Pennsylvania law, a lawsuit for malpractice can be brought against any healthcare professional. Sometimes, there are cases against people other than MD’s, such as chiropractors. We frequently see and pursue cases solely against a hospital. For example, if the staff of a hospital has done something wrong, has committed malpractice, we pursue the case against the hospital. Sometimes, it is emergency medical services, an ambulance provider, for example, that has committed malpractice. Therefore, it is not just MDs; it is all kinds of healthcare professionals, even nurses, physician’s assistance, or registered nurse practitioners.
If those people have done things that are inappropriate, or wrong, and they have deviated from standard medical practice, then we pursue those cases as well.
Do Injuries Have To Be Very Severe In Order To Pursue A Medical Malpractice Claim?
It depends on your definition of “severe” when talking about injuries. I see people who very clearly have injuries, and to them, it is very serious. However, the injuries must be serious enough that if there is a trial in the case, that a jury should award substantial damages. It is an unfortunate economic fact of pursuing a malpractice case that your damages have to be serious enough to warrant the time, money, and effort that goes into pursuing a case like that. We have to hire experts who are expensive, we have to take depositions, obtain medical records, and we have to create exhibits, and spend many hours in pursuing a case.
In order to do that, for anyone, not just for the attorney, but also for the client, you have to have a belief that the injuries are serious enough that a jury would award enough damages so as to make it worthwhile to pursue that case from an economic standpoint. I have told clients in the past, “Doctors are immune from negligence that causes relatively small injuries”. If a person has a very small case, and a small injury, there is just no way to pursue it in light of the expenses involved in pursuing the case.
What Steps Should Someone Take If They Have A Medical Malpractice Claim?
These cases are so complicated that it really is impossible for a person who is not an attorney or even an attorney who is not experienced in malpractice cases to try this sort of a case. It is a very specialized field, and virtually impossible for an individual to bring a case on their own. The first step is to hire an experienced medical malpractice attorney. That is the best advice anyone could give you, because it is just not possible to do this on your own. So, hire an experienced malpractice attorney and help them as much as you can to investigate the case by being absolutely honest in answering all of their questions in a confidential interview. Then, allow the attorney to investigate and tell you whether you have a case that they think can be pursued successfully.
In terms of steps to take once you hire an attorney, you should certainly follow the advice of your treating doctors. Your job is to get as healthy as you can in light of your injuries by getting appropriate treatment. Obviously, cooperate with your lawyer and assist in any way asked of you, but your first job is to try to get well.
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