Most medical negligence and medical malpractice claims in the U.S. are initiated against doctors and hospitals. In order for a medical malpractice claim to be successful, the plaintiff initiating the claim must prove four elements:
- A duty of care was owed by the physician
- The physician violated the standard of care
- The patient suffered a compensable injury
- The injury was caused in fact and proximately by the conduct
Although on the surface it appears simple enough, if a doctor, nurse, or medical facility causes serious harm to a patient, the patient or their family, simply initiates a lawsuit and the medical personnel or facility responsible pays the damages and the case is settled. However, medical malpractice cases are far more complicated than this. For example, medical malpractice cases require medical experts which are necessary to prove liability and damages. The costs for obtaining these medical experts can cost over $200,000 before the trial even begins. The defense will obviously be investing a great deal of money into obtaining their own medical experts to challenge the experts the victim's lawyer produces.
Another complication with medical malpractice cases involves causation. Even though the victim suffered serious injuries through the medical negligence of a doctor, the doctor may blame the injury on another factor unrelated to the doctor's negligence. The doctor may blame the age, physical condition, or another medical problem on the patient, rather than the doctor's own negligence. This requires the victim's attorney to not only find the evidence of the doctor's negligence, but to prove it to a jury as well. If the case does not go to trial, then the victim's attorney must convince the defense attorney that the evidence and the case are sufficient to convince a jury of the negligence.
If medical malpractice cases weren't complicated enough, regarding medical negligence in a hospital setting, it is important to know that most doctors are not employees of the hospital but rather independent contractors. This creates an additional shield of protection for the hospitals against lawsuits. Naming the doctors or nurses in a medical negligence lawsuit in addition to the hospital may be necessary to ensure everyone responsible for the medical malpractice is part of the lawsuit.
Due to the enormous resources necessary to take a medical malpractice case forward, and the complexity of a medical malpractice case, it is critical a victim of medical malpractice retains a highly qualified medical malpractice lawyer. It is also important that a victim of medical malpractice researches this medical malpractice attorney to make sure he or she has a strong track record winning cases in the type of area the victim is involved with. For example, if the victim of medical malpractice is a child suffering a severe birth injury, then the medical malpractice attorney retained must have a strong track record of winning cases and settlements involving birth injuries.
In order to demonstrate medical malpractice has occurred, it is important to show the connection between the negligent care and the patient's injury or death. This is where obtaining the services of a leading medical malpractice attorney who understands medicine and how hospitals work, is critical to winning a case or obtaining a settlement favorable to the victim.
In addition to being one of the best medical malpractice lawyers in the country, Dr. Bruce Fagel is also a licensed medical doctor, with over 10 years experience working in emergency medicine in hospital settings. This powerful combination has given Dr. Fagel the ability to detect where medical negligence or medical malpractice has occurred, even being able to personally decipher complex medical records to see if medical malpractice occurred. In fact, sometimes doctors avoid putting necessary information in medical records to help protect themselves from lawsuits. This is where a strong background in medicine helps give Dr. Fagel an edge in a medical malpractice lawsuit.
