Los Angeles Medical Malpractice Attorney Explains what is Necessary for a Successful Medical Malpractice Case

by Bruce Fagel on Nov. 26, 2012

Accident & Injury Malpractice Accident & Injury  Medical Malpractice Accident & Injury  Personal Injury 

Summary: When you or someone you love has been injured because of medical negligence by a doctor, nurse, or hospital, you may have questions about filing a medical malpractice claim. This article will provide additional insight about filing a medical malpractice case.

If you or a family member have been injured because of medical malpractice; whether it be the fault of a nurse, doctor, surgeon, or hospital, you may have many questions including do I have a medical malpractice case? Leading California medical malpractice lawyer and licensed physician Dr. Bruce Fagel explains what is needed for a solid medical malpractice claim to be successful.

One of the first thoughts that probably goes through a patient’s head after they have come to terms with the fact they have been injured because of a medical professional or medical facility is can I file a lawsuit and be compensated for my injuries?  People also have likely been bombarded with ads on television explaining how they can hire an attorney and collect millions of dollars for a lawsuit.  Is it really as easy as all this?  The short answer is no, not without the proper representation and a strong case.

While people think when they have been injured by a doctor or hospital that they simply sue the doctor or hospital and then the check arrives, it’s really far more complicated than this.  When someone has been injured because of a medical professional or medical facility, they must prove that a duty of care was owed by the treating physician, this physician violated the applicable standard of care, the patient suffered a compensable injury and this injury resulted from substandard medical care.

Medical malpractice is not a simple thing to prove and doctors and hospitals will fight a medical malpractice lawsuit, often with very powerful representation and a lot of money.  Doctors, surgeons, and other medical professionals understand how to use complicated medical terms to confuse the patient, the patient’s attorney, and if the case goes to court, the jury.  Medical professionals may also try to place the blame of the medical injury on a patient’s pre-existing medical condition, age, or other factors, therefore removing themselves from the blame and responsibility for their patient’s injury.

Because medical malpractice lawsuits are so complicated and doctors and hospitals invest so much time and resources into defending themselves from a medical malpractice lawsuit, it is critical that a patient who has been injured because of medical malpractice hire a knowledgeable medical malpractice lawyer with a strong track record in winning cases.  The attorney should focus on medical malpractice cases.  While many attorneys claim they handle medical malpractice cases, it usually isn’t their core focus.  They practice in many areas including medical malpractice.  With the Law Offices of Dr. Bruce G. Fagel & Associates, medical malpractice cases are the only cases the law firm handles, so they are able to focus their entire resources on one area and one area only, medical malpractice law. 

The law firm is headed up by Dr. Bruce G. Fagel who is both a California medical malpractice attorney with 30 years’ experience handling medical malpractice cases, and a licensed medical doctor with 10 years’ experience practicing emergency medicine.  This powerful combination gives Dr. Fagel and his law firm the necessary experience to understand medical professionals when they use complicated medical jargon, because Dr. Fagel is a licensed physician himself.  Dr. Fagel also has extensive court room experience winning medical malpractice cases.  When a lawsuit is filed against a doctor or hospital, the first thing their attorney will do is check on the credentials of the patient’s attorney.  If the patient’s attorney doesn’t have a strong track record of winning cases or court room experience, they are likely to settle the case for far less money.

If after examining the medical records and making a determination that the case can be pursued to a likely successful outcome, the attorney for the patient will need to bring in medical experts to demonstrate that the patient’s medical personnel or medical facility was responsible for the injuries.  These medical experts can be very expensive.  Some attorneys may not be able to front the costs which can easily exceed $200,000 before the trial even starts.  Most people do not realize the amount of medical experts or the various fields of medical expertise that may be necessary to properly prove medical malpractice was responsible for the injuries to the patient.  For example, with a California birth injury lawsuit the patient’s lawyer may need medical experts in the fields of obstetrics, perinatology, neuroradiology, neonatology, nursing, neurology, rehabilitation, economics, and life care planning.  It is important when interviewing medical malpractice lawyers that an injured patient or his or her family ask if the lawyer will cover all costs for the medical experts and the entire case up front and how much they have spent in advance for previous cases similar to the patient’s case. 

If you or a family member has been seriously injured or died because of the negligence of a doctor, nurse, or hospital, call the Law Offices of Dr. Bruce G. Fagel & Associates at (800) 541-9376 for a free consultation.  Visit California medical malpractice lawsuit for an informative video discussing what thresholds need to be met for a successful outcome to a medical malpractice case.

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