Elements Of A Strong Medical Malpractice Lawsuit
Suing a doctor for a botched procedure can be costly and time-consuming. You may end up spending hundreds of thousands of dollars over a few years before getting a verdict. Therefore,you should only pursue the case if court if you have a highly credible argument. Consult with a- to gauge your chances of success. They will help prepare the case such that it contains elements of a strong medical malpractice lawsuit. Below are things that cannot be compromised:
Indisputable Scientific Basis Linking the Cause and Effect
Relying on the timeline will not be enough. Just because a patient experiences complications after a procedure doesn’t mean that it went bad or that this was the direct cause. There needs to be a scientific basis linking the perceived cause and the unintended effect. This must be indisputable given laboratory tests and other physical evidence.
Concurrence by Highly Reputable Expert Witnesses
The court is not composed of medical experts. Juries and judges will require explanations from professionals who are competent in the subject. Therefore,the plaintiff must produce several highly reputable expert witnesses who will agree with the charge of malpractice. They must be of unimpeachable character and have unblemished records in the field. Their testimonies must also support each other’s assertions in order to be credible.
Established Improbability of Other Causes
The defense will do everything to try to pin the blame on other causes beside their client. Therefore,a good- will anticipate this and check for the possibilities that may be presented. Each of them should be investigated so that counter-arguments can be prepared. This should enable quick rebuttals in court. Just note that if the case is indeed very strong,then it might be resolved much sooner through a settlement. About a third of such lawsuits end in this manner.