Medical Malpractice Intro-Winning Personal Injury Cases

Chapter Five from my book, Winning Personal Injury Cases

Medical Malpractice

Many people seek legal redress for a bad medical result for which there is no legal blame. Perhaps the patient simply felt that the doctor treated him or her with disrespect and seeks revenge by filing a suit. The law does not provide a remedy for hurt feelings.  It makes no economic sense to pursue a medical case unless the damages are severe and the liability fairly clear.

Medical malpractice litigation involves injuries suffered as the result of careless medical practice. There are two important points to understand about medical malpractice.

First, not every bad result from medical care or a medical procedure constitutes malpractice. Doctors are not guarantors of the medical care they provide. You cannot collect from the doctor’s insurance company simply because an injury occurred. It must be proven in a legally sufficient way.

Second, even if you were the victim of medical malpractice, there are numerous factors to explore. The fact that a doctor was negligent is only one of the many considerations. Because of the many complex issues that make up a medical malpractice case, medical malpractice is not the type of litigation a person should try to pursue without engaging a qualified lawyer.