Medical malpractice claims are some of the most difficult cases to win. Statistically, less than 25% of all victims win their cases. Furthermore, 85%, on average, get their cases dismissed by a judge before they even get to trial. This is due to the very technical requirements mandated in law for bringing a medical malpractice claim. In short, in order to sue a doctor or hospital or nursing home, you need an affidavit “sworn statement” from a medical expert setting forth what the standard of care is (protocol expected to be followed), how the doctor or facility deviated from the standard and expected protocol; and how the lack of following excepted protocol caused the injuries and damages. Writing these affidavits with doctors is no easy task and, again, most affidavits submitted to the court don’t meet the stringent standards the law requires.
If you are considering a medical malpractice claim, it is vital that you and your attorney know 1. The time frames (statutes of limitation) you have to bring a legal claim, 2. Find an expert in the field that knows what the standard of care, protocol and expectations of a good doctor are; and that the expert can, in detail, set forth the “chain of causation”, explaining what the doctor or care facility did wrong and how these actions or inactions specially caused the injuries or death of a patient. If you have a potential issue with a doctor, hospital or nursing home, you need to speak with a lawyer who specializes in medical malpractice law. It, again, is very technical and tricky. Rich Hechter & Associates handles medical malpractice and nursing home mistake cases. Consultations are always free.