Key Elements for Medical Malpractice

John Nicholson

ANNOUNCER: I’m here with John Nicholson from Cohen Highley Lawyers. What are some key elements for medical malpractice suits?

JOHN: First, people should understand that unfortunate outcomes are realities in life and in medical care. They do not necessarily constitute medical malpractice.

ANNOUNCER: Okay. What does?

JOHN: Really, there are two key criteria that must exist. One, the doctor or nurse must have fallen below the reasonable standard of care, meaning they were negligent. And second, the plaintiff has to prove that the negligence caused the negative outcome, like an injury or death.

ANNOUNCER: Now, assuming both those criteria exist, what are some medical malpractice suit examples?

JOHN: As you might expect, medical negligence can occur in many ways. Misdiagnosis, delayed diagnosis, miscommunication, surgical errors, medication or dosage issues, unnecessary surgery. I could go on.

ANNOUNCER: Okay. Anything else?

JOHN: Medical malpractice cases are challenging to prosecute and they are defended vigorously. Possibly the best advice I can give is to make sure the lawyer you are dealing with is experienced specifically in these types of cases.

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