What makes a good malpractice case?
No two malpractice cases are the same and each case needs to be considered on its own specific merits. Your lawyer will have to work through several issues before deciding to accept or decline your case. One of the first questions to address is whether the case is economically justifiable. Malpractice cases are very expensive and time-consuming to pursue. If a potential case only involves a temporary misdiagnosis of a medical condition, and the correct diagnosis was eventually made with no significant permanent injuries because of the delay, then that probably is not a good case to pursue. Legitimate but small damage malpractice claims may have to be declined because the cost to the lawyer and the potential benefit to the clients simply do not justify a lengthy, expensive legal battle.
If the damages are serious enough to justify bringing suit, the lawyer must also determine if there is liability, i.e. did the action or inaction fall below the professional standard of care. The lawyer will usually have to hire one or more doctors as expert witnesses to testify and explain the standard of care to the jury. These experts will also help establish that the negligent conduct was the actual cause of the injuries complained of. Sometimes the cause of an injury is very clear but other times it is very debatable. In Georgia malpractice cases, lawyers are required to attach an affidavit from a medical expert supporting the case at the time of filing the lawsuit in court.
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This site contains only general information and is not intended to constitute specific legal advice or establish an attorney/client relationship. Malpractice laws are constantly changing. If you think you may have a malpractice case you should promptly contact a lawyer experienced in handling malpractice cases.
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