Statistically, claims of medical malpractice are the most difficult cases to win at trial . Doctors are often unhappy at even the thought of accusations of wrongdoing or being sued. Malpractice claims don’t settle easily out of court. Your best means of gaining compensation for you or your loved one’s injuries is with an experienced medical malpractice trial attorney who can advocate for a favorable settlement for you or your loved one and whose trial skills and knowledge of working with experts (medical and beyond) will increase your likelihood of winning a trial.
Your medical malpractice claim has to prove that your healthcare provider’s treatment was negligent. In medical malpractice this means that the treatment falls below the “standard of care” in practice in a particular area of medicine. Determining and proving that your medical treatment or procedure lead to a poor results isn’t sufficient to prove that your doctor was negligent. With certain treatment surgeries or medications there are “known risks” that are unavoidable. Even though you prove negligence you must also prove that their mistake “proximately” caused the damage or the injury to you. Therefore, proving that they did not meet the standard of care is not sufficient. For example, your doctor may have completely overlooked an ankle fracture-but you must also prove that your ankle would be better now if he had properly diagnosed it initially. If you cannot prove that a proper diagnosis would have led to a better result then there is no “causation “between your doctors negligence and your injury. A good medical malpractice lawyer can carefully analyze the elements of what you have to prove and present these elements to a jury in a medical malpractice trial.
John Tramontozzi at Tramontozzi Law offices has handled numerous cases of malpractice recovering compensation of over $1 million in judgment dollars for medical malpractice. He understands and has worked with grieving families who are struggling with the impact of substandard care. If you or a loved one has been injured or killed by a failure to receive appropriate care for a medical condition contact John Tramontozzi for a free consultation. He can assist and inform you of your legal rights and maximize your compensation.