Is medical malpractice litigation a viable option for me? P.3

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.

Even when it can be shown that there is a clear standard of care that applies in a case of medical error, demonstrating that the physician actually breached that standard of care and that the breach was causally connected to the harm for which the patient is seeking damages is not always an easy matter.

From what we have said, there are two important reasons to work with experienced counsel when one is considering pursuing a physician for medical malpractice. First, it is important to determine whether one’s case is worth pursuing in the first place in light of the merits of the case, the costs of the pursuing litigation and the recovery that can reasonably be expected. Second, working with an experienced attorney is important in building the best case possible and navigating the legal issues that come in the process.



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