What a person has to show in a medical malpractice case is what the standard practice is in the same community or geographic area, then show that your doctor did something different. If they made a problem worse, not better, that's a good start. It is also necessary to show what the doctor should have done, or what other doctors would do to improve that situation. Usually, the way to do that is to get expert medical testimony
. Most personal injury
lawyers can help you find a doctor who will examine you and give a professional opinion as to what your doctor did that violated the standard of care.
Damages in a medical malpractice case are typically based on the cost of correcting the problem. So, if you have additional bills that you shouldn't have been charged, that is the starting point. You would then be able to get a pain and suffering award based on how bad the mistake was and how severe the injury they caused was.
Because these cases are complicated and highly technical, it is usually better to have a lawyer assist. Most lawyers take these cases with the agreement (in writing) that the client only pays after the case is won. That way, you can pay with the money you get from the doctor or the hospital. The best thing to do at the beginning of the case is to take any medical records and bills that you have and sit down with a local attorney who can evaluate the case for you. If you don't have all the records, that's OK, because you can sign a release that will allow your lawyer to request them. A good place to find someone in your area is http://www.martindale.com
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