Why Most Medical Malpractice Victims Never Recover a Dime - Part 5

How Do You Know You Really Have a Case?

In order to determine whether you have a case, we must first gather all of the pertinent medical records involved in your care. We also must have a complete, honest statement of facts from you - please don't hide anything from your lawyer.

Once all of the records are received and reviewed and you have been interviewed, we will tell you if it looks as though there is a provable case of medical malpractice. If the case looks meritorious, experts in the appropriate specialty must be consulted and retained by us. Again, these experts must be of the opinion that the medical care received was substandard and that the substandard care caused major injury or death. We all want optimal care, but an opinion that care was suboptimal is not enough. The care must be substandard. There must be a clear causal connection between the substandard care and the injury. And the opinion on substandard care, as with the opinion on causation of the injury, must be robust, not wishy-washy.

Once we have retained experts who are prepared to testify on your behalf, other records, including employment records and tax returns, must be obtained. These will aid us in proving the damages which have been suffered due to the malpractice. Your financial and unemployment records must be full, complete and credible in order for us to include in your claim that you have suffered financial damages as a result of malpractice.

At this point, you may want to know in more detail how I personally decide what medical malpractice cases to take.