You or a family member has contacted our office to explore the possibility of bringing a malpractice case. You are calling because you or a family member has experienced a catastrophic result or death that you believe was the doctor or hospital’s fault.
What happens next?
WHAT DOES IT MEAN TO FILE A MALPRACTICE CLAIM?
A “Claim for medical negligence” or “claim for medical malpractice” means a claim, resulting from the ‘rendering of, or the failure to render medical care or services. Your attorney will have the burden of proving that the actions of the health care provider represented a ‘breach of the prevailing professional standard of care’.
The standard of care is that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by other recognized or ‘reasonable prudent similar‘ health care providers.
To prove a ‘breach of the prevailing professional standard of care’, we will have to show that the injury was not a reasonably foreseeable result of the health care provider’s surgical, medicinal, or diagnostic procedure. Secondly, the damage would not have resulted if it was carried out in accordance with the prevailing professional standard of care by a reasonably prudent similar health care provider.
Our firm will conduct a Presuit Investigation. Corroboration of reasonable grounds to initiate medical negligence litigation must be provided by a verified (sworn to) written medical expert opinion by a similar health care provider. Basically, our firm will have your case reviewed by experts in the same medical field. These experts will confirm that there are reasonable grounds to support the claim of medical negligence.