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Examples of Strong Medical Malpractice Cases

Sitting doctorAs personal injury cases go, medical malpractice can be one of the most difficult to prove and to win. Often, expert witness testimony is critical to the success or failure of a med mal claim. What are some of the key components of the best medical malpractice claims?

Let’s start by identify what types of cases are not strong ones:

  • Cases where there may be injury, but there are no losses—You may be able to show that a medical professional acted carelessly or negligently, but you won’t have a claim unless you can show some loss. For example, a doctor may have prescribed the wrong medication, but if you did not suffer any physical, emotional or financial loss because of the mistake, there’s little to be gained by filing a lawsuit.
  • Cases where the medical professional did not abide by the commonly accepted standard, but there was no injury. A doctor may have negligently failed to conduct prenatal testing or monitoring, but if your child is born healthy, there is no malpractice.

Conversely, a strong medical malpractice case starts with a clear injury (stemming from the malpractice), as well as specifically identifiable losses. If you can show that a doctor operated on the wrong body part, that’s a clear demonstration of an injury. In addition, though, you need to show that you suffered loss as a result. If you were unable to return to work, or if you had to pay out of your pocket for medication or other procedures, you would likely have a strong case—clear liability and identifiable losses.

Contact the Law Office of Michael J. Hood

At the law office of Michael J. Hood, in Wilmington, we bring more than 30 years of experience to personal injury victims in Delaware and Pennsylvania. For a free initial consultation, contact us online or call our office at 302-777-1000 for an appointment.

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