Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
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Yes, this does sound like a pretty clear case of medical malpractice. However, such determinations are not made by lawyers; rather medical malpractice cases turn on the testimony of other doctors who come and testify as to whether the treating physician failed to adhere to the reasonable person standard of what a fellow local doctor in that line of work would have done and should have done under the circumstance. This is termed as "the battle of the experts". You should consult with a local medical malpractice attorney and take a five year medical history with you on this. The lawyer will have a doctor that he is affiliated with evaluate the records and make a determination as to whether the case is winnable and cost effective. If so, they will usually take you as a client on a contingency fee basis of 33% to 45% depending on if the case settles or goes to trial.
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