Medical malpractice is the common phrase for what is actually doctor or hospital negligence. Medical malpractice occurs frequently, however most malpractice cases go unprosecuted. In order to have a medical malpractice claim you have to be able to prove that the doctor or hospital violated the reasonable standard of care owed to the patient and that the patient was harmed as a result of the violation of the standard of care. Simply put, the hospital or doctor has to have been negligent and you have to have been injured by that negligence.
Proving a medical malpractice claim requires the hiring of experts (usually other doctors) who are willing to testify that a violation of the standard of care was committed and that the doctor is at fault. Additionally, those experts have to provide evidence that the negligence caused the injury and testify regarding what complications from that negligence will continue into the future. These experts are very expensive and cases are typically not pursued unless a person has significant damages as a result of hospital or doctor negligence.
At Edwards & Kautz we will be happy to speak to anyone regarding a potential medical malpractice claim and give you our opinion as to whether it merits a review by one or more experts. If we agree to take your malpractice claim we will do it on a contingency fee basis. This means that we will not charge a fee unless we are successful in obtaining a recovery for you. Additionally, we will pay for the experts and the other costs of litigation and will only recover those costs if we are successful in your claim*.
If you would like a free evaluation of a medical malpractice claim please contact Edwards & Kautz today.
*In the event a client has provided us information that was materially false and adversely effects the claim then costs may be recovered.