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
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.