What Makes a Successful Malpractice Case?

medical malpractice

Any departure from good or acceptable care by a healthcare provider such as a doctor, hospital, midwife or nurse is a prerequisite for a medical malpractice suit. However, it is also necessary to show causation in a successful medical malpractice case. This means that the departure of care must have caused injury. There are many examples of types of injuries that have resulted in successful medical malpractice cases, including:

  • Failure to diagnose
  • Improper treatment
  • Failure to warn patient of known risks

If you believe you are the victim of medical malpractice, act quickly and speak with a medical malpractice lawyer like those at the Fitzgerald Law Firm in New York.

How to Prove a Medical Malpractice Case

Medical malpractice claims are proven and won through evidence like expert testimony by medical doctors who thoroughly analyze and critique the patient’s medical records. To successfully pursue a medical malpractice claim, a patient must be able to prove that a health care provider either failed to act in a reasonably prudent manner such as any other health care provider would have done, or that he or she did deliberately did something that should not have been done. This failure or action must have caused serious injury to the patient.

While doctors and hospital administrators constantly complain about frivolous lawsuits, every medical malpractice case that is successful is supported by strong evidence like reports and/or testimony of medical doctors. This evidence shows that the defendant is guilty of failing to provide proper treatment to the plaintiff and therefore causing serious injury.

The medical malpractice attorneys at the Fitzgerald Law Firm are extremely knowledgeable in their field. Many of our attorneys have taken additional course work in both medicine and the law of medical cases to ensure we provide our clients with the best possible representation. If you have suffered from medical malpractice, you need the help of the Fitzgerald Law Firm.

What About False Claims?

The medical malpractice attorneys at the Fitzgerald Law Firm are acutely aware of false claims of medical malpractice. False claims are constantly made and are considered frivolous because there is no real causation. These claims are made in an attempt to make money. They have the unfortunate effect of causing prejudice on the part of the public against real victims of medical malpractice. The team at the Fitzgerald Law Firm is here to help the real victims who have suffered severe injury due to a health care provider’s negligence. If you believe you have suffered a serious injury because a health care provider was negligent, contact us today.