There are medical and legal factors to consider before we decide if the injury was a result of medical malpractice. To reach an accurate conclusion we need experts, both legal and medical.
From a legal perspective, we must establish and prove four legal elements:
- The existence of a legal duty on the part of the doctor to provide care or treatment to the patient;
- A breach of this duty by a failure of the treating doctor to adhere to the standards of the profession;
- A causal relationship between such breach of duty and injury to the patient; and
- The existence of damages that flow from the injury such that the legal system can provide redress.
As you can see in the second element, to establish that a medical malpractice accrued, we must prove that the medical provider failed to adhere to the standard of care “the standards of the profession”.
A lawyer alone cannot make that determination; he/she needs a medical expert to establish that the medical provider failed to adhere to the professional standards.
Have you called several lawyers who declined to take your case?
For the reasons explained above and the costly initial investigation to determine if a medical malpractice case exists, lawyers tend to decline potentially winning cases.
At ReviewMyCase.law, we committed to provide you with a clear answer, packed by legal and medical expert’s analysis and opinions; we take the “guess” out of your case.