The first thing we do—let’s sue all the eye doctors. This 21st Century update on Shakespeare’s famous quotation accurately sums up the attitude of many who have had a less than optimal medical outcome for their eye condition.
Many people seek legal redress for a bad medical result for which there is no legal blame. It may be that medical malpractice cannot be proven, or it makes no economic sense to try to prove malpractice.
Often the calls I receive are spurred by nothing more than hurt feelings. Perhaps the patient simply felt that the doctor treated him or her with disrespect and wishes to get back at the doctor by filing suit. The law does not provide a remedy for hurt feelings and, and it makes no economic sense to pursue a medical malpractice case unless the damages are severe and the liability fairly clear.
Medical malpractice litigation involves injuries suffered as the result of careless medical practice. There are two important points to understand about medical malpractice litigation.
First, not every bad or sub-optimal result from medical care or a medical procedure constitutes malpractice. You cannot collect from the doctor’s insurance company simply because medical care did not achieve the desired result. Negligence can never be assumed simply because an injury occurred. It must be proven in a legally sufficient way.
Second, even if you were the victim of medical malpractice, there are numerous factors that play into the question of whether you have a winnable case. The fact that a doctor was negligent is only one of many considerations. Because of the many complex issues that make up a medical malpractice case, medical malpractice is not the type of litigation a person should try to pursue without engaging a qualified lawyer.
Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.
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