Dr. Bruce G. Fagel, a leading medical malpractice lawyer, who is also a licensed medical doctor, explains in today's blog, what basic requirements must be met for his law firm to take on a medical malpractice case.
The first area that must be addressed with a medical malpractice case is to prove three issues: That negligence was caused by at least one medical professional or healthcare provider. The next issue is the negligence caused the injury or death. The final issue is the plaintiff must prove that the damages that were caused resulted from the negligence.
The most important decision to make with any medical malpractice case, is the initial determination whether the case can be tried in front of a jury or settled prior to trial, or if it will not meet the threshold of either scenario. Most of the evidence that is critical to the case will be located in the medical records. Therefore, a careful analysis of the medical records is very important.
As both a physician and an attorney, Dr. Bruce G. Fagel has the experience to analyze and interpret medical records to see if there is evidence of negligence; medical care that is below an acceptable standard of care for physicians in the community or hospitals, and is that care the cause of the injury or death. Examining the medical records is often a determination that is made very early in the case, regardless of what the physicians are telling the patient or family. In fact, proving negligence in a medical malpractice case will require analyzing the facts and using expert testimony to demonstrate the medical care was below an acceptable level.
Once Dr. Fagel determines if the negligent care was a cause of the injury or death, his law firm can pursue these types of cases to a successful conclusion.
