Medical malpractice law comes right out and states that there is no cause of action simply for a bad result or a bad judgment by a medical provider.

Medical Malpractice Legal Elements

medical malpracice

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Medical malpractice requires establishing three essential elements:

[1] What the average standard of care would have required in the scenario presented.

[2] How medical care in this case fell below that standard.

[3] What damage was caused by the deviation below the average standard of care.

Having an aloof medical provider is unpleasant.  However, neither rude treatment by medical providers nor unfortunate medical results give rise to legal medical malpractice claims.  Medical malpractice law requires demonstration that provided health care fell below the average standard of care, and that the below-average care directly caused injuries.

Application of the legal elements to any scenario requires vast resources in terms of time and money.  Even a very simple medical malpractice case can cost approximately $10,000 in expert medical witness fees.  More typically, costs can run up to the $60-80,000 range for medical expert fees.

Therefore, and it’s a tough reality to explain, but it is true that most medical malpractice attorneys very carefully select only those cases that have extremely clear liability and very substantial damages.

My office has seen significant medical and dental malpractice claims.  However, this is the matrix against which the claims are measured.

This is a summary of an extremely complex area of the law and any potential claim should be presented to an experienced practitioner licensed in the applicable jurisdiction.

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About Andrew Myers

Attorney Myers is a member of the American Association For Justice, Massachusetts Academy of Trial Attorneys, New Hampshire Association For Justice, National Association of Consumer Bankruptcy Attorneys & Rotary International. Legal services provided in Massachusetts (MA) and New Hampsire (NH).

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