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Has anyone made a medical malpractice claim and was it worth the trouble?

Been the victim of Medical Malpractice or fighting a malpractice suit? Discuss it here.

Has anyone made a medical malpractice claim and was it worth the trouble?

Postby banys » Sat Jul 07, 2012 5:37 pm

To have a successful cause of action for medical malpractice you have to prove your doctor acted negligently. Proving that your doctor made a mistake isn't NEARLY enough. You literally have to prove that your doctor acted with such a degree of negligence that no other competent doctor could or would have made this mistake.

And WOW is this a tough burden to meet.

You say you will likely require "further" surgery. This indicates your problems developed out of an initial surgery with this doctor, correct? I'm guessing that you signed a fairly comprehensive waiver that described all of the many, many things that could go wrong with the surgery - to include the possibility that you would die. And the waiver likely included a statement that the outcome of the surgery was not guaranteed.

Medical malpractice claims are expensive to pursue - because they always come down to a battle between the experts. You have to have at least one medical expert who will testify this was an act of malpractice, and the doctor and HIS experts will testify it was not.

Without knowing exactly what it is your claim he did that was negligent, it is impossible to really give you any specific advice.
banys
 
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Joined: Sat Apr 02, 2011 1:09 am
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