KNOW WHO YOU PLAN TO SUE

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The decision about what medical specialist to use in a medical malpractice case is up to the client. Nevertheless, we have all too often discussed cases with individuals and attorneys when they did not know what type of medical specialist they wanted to be involved. Sometimes we get the comment that any medical expert will do. In our view, the notion that any medical expert will do is wrong-headed and possibly even self-defeating.
Why?
You need to know who you are suing. You want to have a physician expert in the same medical specialty review the records (there are exceptions, but we won’t get into them here). In this way, you ensure that the medical expert will be able to authoritatively comment on the same standards of care owed by a provider in the same specialty. It does no good to have someone of lesser expertise comment on those standards of care because the opinion will surely be impeached for lack of qualifications. That is fairly obvious. However, the same applies for someone who is overqualified because the offending provider cannot be held to higher standards of care than those owed by someone in his medical specialty. There is abundant case law that backs this assertion.

If you have a medical malpractice case and if you are looking for a medical expert to review and opine on the medical records, ask yourself a few questions that will save you time, effort, and money:
1) Who do I blame for the presumed medical negligence? In other words, whose errors of omission/commission led to the injury?
2) If more than one medical provider is presumed to be at fault, whose care do I principally blame [you may ultimately need more than one medical expert, but if the beginning expert opinion is supportive, then you know you have a case. If not, you will need to reassess the situation]?
3) What is the provider’s medical specialty?

When the action is personal injury, the considerations are different. The issue then becomes one of determining whether the injury in question resulted directly from the accident. The decision concerning the appropriate medical specialty in such cases is driven by the nature of the injuries and the course of treatment that followed the injury.

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One Response to “KNOW WHO YOU PLAN TO SUE”

  1. dr-books Says:

    its a very good articles.
    i and everyone can read more in the medical field to build well our opinion well that we can get in many books available at dr books.com all books and journals are absoulutly free even without registration.
    free medical ethics books

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