We’ve been speaking in our last couple posts on the issue of when medical malpractice may or may not be a viable option when a patient is harmed by a doctor in the course of treatment. As we’ve noted, there are a variety of factors that go into determining whether medical malpractice litigation is a wise course of action. We’ve also spoken a bit about some of the factors relating to limitations in the amount of damages a patient can reasonably expect to receive in pursuing litigation.
Another important consideration, of course, is the actual merits of the case. The ability to demonstrate by a preponderance of the evidence that a physician failed to abide by an accepted standard of care when dealing with the patient is not always easy. In many cases, standards of care are not clear and are the subject of contention among experts.