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December 2014 Archives

Weighing your probable damages award against the costs of litigation

In our last couple posts, we’ve been speaking about the elements of medical malpractice claims, focusing particularly on the harm element, which can be said to tie together the other elements, at least in claims which have merit. The same could also, though, be said of damages, which are intimately connected to the harm element.

Looking at the harm element in medical malpractice cases

In our last post, we spoke briefly about the basic elements in a medical malpractice case. To briefly recap, these are: duty; breach; causation; and harm. Here, we’d like to talk briefly about the harm element, which kind of ties together the first three elements.  

What do I have to prove in a medical malpractice case?

Medical errors occur all the time, but those who are familiar with the area of medical malpractice know that it is only a fraction of medical errors which ultimately provide the basis for successful medical malpractice lawsuits. There are a variety of reasons for this, but one of the basic reasons is that not every case of medical error involves a fact pattern which is able to satisfy the basic elements of medical malpractice.

Work with an experienced attorney to ensure proper selection of expert witnesses

The principles of the practice of medicine and the standards of care that apply to health care professionals are not something those of us who work outside the profession are qualified to speak about in a court of law. Because the issues that come up in malpractice cases can involve very specific knowledge of the principles of medicine, expert witnesses are required to show which standards of care apply in cases of medical malpractice.

How can I protect myself from medical error?

Medical error is more commonplace than many Americans realize. According to Consumer Reports, an estimated 440,000 Americans die each year after suffering medical errors. To be fair, it isn’t clear how closely medical errors are tied to those patient deaths—not every medical error is serious enough to cause a significant impact— but the problem is serious enough that patient safety advocates have been calling for changes. One of the changes being recommended is the creation of an agency to handle patient safety complaints to help improve patient safety.