Quote:
Originally Posted by blueash
I spent two summers as a paid researcher for a medical malpractice plaintiff's lawyer. So what is you want to know? Start with this simple fact.
A bad outcome is NOT the definition of malpractice. Malpractice only may exist when the physician or other provider did not conform to the standard of care in the community. And that deviation from the standard of care must be a proximate cause of some injury.
If both these conditions exist an attorney should be consulted. Almost all cases are dropped by the attorney after they conduct an investigation into the circumstances either because there is no deviation from standard care or no injury.
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What
blueash said. Medical Malpractice is one of the most difficult cases to prove. I've had 2 semi-serious misdiagnosis & talked with 6-8 medical malpractice attorneys. If an attorney doesn't immediately beg you to sign a representation agreement when he hears your story, you're probably wasting your time.