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Medical Malpractice

• Medical malpractice case dismissed. Statute of limitation was not tolled. Court finds no continuous treatment.

What do I have to prove to win a medical malpractice case?

A:

Medical malpractice cases are some of the most difficult to win.  Studies show that medical malpractice plaintiffs lose their cases on average 60% of the time or more.  (Jury Verdict Research, Medical Malpractice:  Verdicts, Settlements and Statistical Analysis (2002); Department of Justice, Tort Trials and Verdicts in Large Counties, 1996 (2001).)

A “plaintiff” (the injured patient) in a medical malpractice case must prove that the “defendant” (her doctor or hospital) strayed so far away from the “standard” (acceptable) treatment (including diagnosis and case management) that the law considers the defendant to have been “negligent”.

The plaintiff must also prove that the defendant’s negligence caused the injury the plaintiff suffered.

Edward L. Weiner

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Questions

Medical Malpractice

• What do I have to prove to win a medical malpractice case?

• How do I prove the doctor or hospital was negligent and caused my injury?

• What kinds of medical malpractice cases do you take?

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