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Can I Sue for Medical Malpractice?

by Bruce Fagel on Oct. 22, 2012

Accident & Injury Medical Malpractice Accident & Injury  Personal Injury Accident & Injury  Wrongful Death 

Summary: If you have been injured because of the negligence of a nurse, doctor, or hospital, you are probably wondering if you have a medical malpractice lawsuit. This article will provide additional information about what is needed to proceed with a medical malpractice case.

One of the first questions somebody who has been injured by a medical professional or medical facility probably asks is “can I sue for medical malpractice?”  If you or someone you care about has been seriously injured or died because of the negligence of a nurse, doctor, or hospital, you probably have many questions about pursuing a medical malpractice lawsuit.  Before filing a medical malpractice lawsuit, three thresholds must be met to determine if a medical malpractice claim has merit.

First, it must be determined if negligence was caused by at least one health care provider involved with the patients care.  Second, the negligence was responsible for the injury or death to the patient.  Third, there were damages that resulted from the negligence.

For a medical malpractice case to be successful it will be necessary to prove the facts of the case including using expert testimony to illustrate how the medical care provided to the patient was below an acceptable standard of care for physicians in the community.  Medical experts used in medical malpractice cases can be very expensive, easily costing over $200,000 before trial.  Anyone researching medical malpractice attorneys should ask each attorney if they are willing and able to front this large of a sum for medical experts and not ask for the client to pay any of these expenses. 

The medical records will contain much of the evidence that medical experts will use to base their opinions about the quality of medical care provided by the medical professionals to the patient and whether negligence played a role in the injuries or death.  An experienced California medical malpractice lawyer such as Dr. Bruce Fagel will research the medical records early in the case.  Since medical professionals involved in a medical malpractice case will generally deny being responsible for negligence, a knowledgeable medical malpractice lawyer will examine the evidence to see whether there is evidence of negligence or not. Since Dr. Fagel is both a medical malpractice lawyer and a licensed medical doctor, he understands how to prove whether medical malpractice occurred or not in a case. 

If Dr. Fagel determines that medical malpractice was responsible for the injury or death, his law firm has the ability to pursue these types of cases to a successful conclusion, regardless of the resources the medical professionals or hospitals may have at their disposal to defend themselves.  Medical malpractice cases can be some of the most expensive cases to pursue and most medical professionals, medical facilities, and insurance carriers hire top attorneys to protect their interests, therefore it is vital that you hire an attorney who knows how to take on these types of attorneys to protect your interests.

If you or a family member has been seriously injured or died because of the negligence of a doctor, nurse, or hospital, contact The Law Offices of Dr. Bruce G. Fagel & Associates for a free consultation at (800) 541-9376.

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