Medical malpractice constitutes some of the most complex personal injury cases, which is why having legal representation by an experienced medical malpractice lawyer is so essential. A main problem with these cases, as far as the injured person is concerned, is the situation is not very straightforward. It’s often different than a car accident that is clearly the fault of one driver, and that obviously results in a physical injury and property damage. In a malpractice case, the plaintiff, or the injured person, needs to prove several factors to qualify for financial compensation. It may be difficult to provide proof.
A medical malpractice lawyer may call expert witnesses to testify, as they fully understand these particular kinds of medical issues and what problems can result from negligence or errors. They may be medical doctors, for example. Medical records will be used, and the individual may need to obtain opinions from other doctors about their condition and its relation to the alleged malpractice.
That relationship to the medical staff member’s error or a problem at the facility must be definitively verified or the person will not receive financial compensation. Sometimes this is reasonably easy to do. If a member of the surgical team did not remove a sponge from the patient’s abdomen and this is discovered later when problems develop, the case is a straightforward one. The malpractice insurer is expected to pay for further surgery, all medical bills, lost wages in time off from work, and probably for emotional trauma.
The situation becomes more complex if a sponge was left inside the colon, for instance, and it later comes out through the natural process of waste elimination. The surgical team and the hospital may not be liable for injury if no injury actually occurred, even if someone was negligent. The circumstances are alarming, to be sure, but may not constitute a case for acquiring financial damages through a lawsuit. Yet it’s possible that a medical facility would still offer a settlement to this patient. A firm such as the Law Offices of Diane M. Sternlieb can provide insight. Visit the website Dsternlieblaw.com for contact information.