Find the Right Medical Malpractice Attorneys

Learned professionals, such as doctors, are expected to practice their profession with a minimum level of competence, knowledge, and skill.

If a doctor's conduct fails to meet this standard, and this causes injury to a patient, the doctor has committed medical malpractice, and will be liable for the patient's injuries, assuming that all the relevant facts are proven in court.

Generally, medical malpractice arises when a doctor does something that no reasonable doctor would do in a similar situation. Obviously, the average judge or juror is in no position to make a determination about whether or not a doctor's conduct was reasonable, from a medical standpoint, because they don't know enough about medicine to have an informed opinion on the matter.

LegalMatch Law Library Managing Editor, , Attorney at Law

Finding the Right Medical Malpractice Attorneys

For that reason, virtually every medical malpractice case involves at least one expert witness, almost always a doctor in the same medical field as the defendant, who can testify about their professional opinion of the doctor's conduct. Usually, at least one expert witness is called by each side, and it will be up to a jury to determine which one they consider to be more credible. Read more.


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Limitations on Medical Malpractice

It should be noted that failure to get a desired medical result does not, in itself, constitute grounds for a medical malpractice suit. After all, there are no guarantees in medicine. Things can go wrong which are beyond the control of the doctor or the patient, even if the doctor does everything right. When this happens, the patient likely does not have a good medical malpractice case.

Furthermore, in order to commit malpractice, it must be shown that the doctor did something that no competent doctor would have done in similar circumstances. Oftentimes, there is more than one possible course of action in treating a medical condition. Different doctors might have different opinions on which is the best option, but there will be a general consensus that they're all decent options. So, if a doctor testifies as an expert witness that she would have done something differently from the defendant, but acknowledges that the defendant's actions were still reasonable, the defendant will not be liable for malpractice.

As you can see, medical malpractice cases bring up a large number of complicated legal and medical issues. For that reason, if you believe you have been the victim of medical malpractice, you should not hesitate to consult with a medical malpractice attorney.


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