Elements of a Medical Malpractice Case

Attorney Gerald OConnor

When we’re consulted about a case there’s probably three issues that we’re looking at. The first issue is whether or not there was a deviation from the standard of practice by the doctor. In other words did the doctor not do what the average member of the profession or specialty involved would do under similar circumstances?

Did his then “negligence” or deviation from standard of practice cause the harm or the injury that the patient is alleging that they sustained? But the last factor is, is the injury serious enough to warrant the institution of a law suit. These cases are very expensive, very expensive to pursue. They are time consuming and we devote a lot of time and energy to these cases.

At the end of the case it has to be worthwhile for the family to be involved in the litigation, it has to be worthwhile to incur and in the expenses that we incur the recovery has to be a sufficient magnitude to warrant the institution of a law suit. And if it doesn’t meet that criteria we simply tell the client, “I’m sorry the case simply does not make sense going forward with and we respectfully decline to handle it.”

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Elements of a Medical Malpractice Case

Attorney Gerald OConnor

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