Skip to main content

Reply to "Medical malpractice for losing colon?"

Twinkie,

A medical malpractice case is just a species of negligence, and in all negligence cases an attorney must prove liability and damages. The posts in this thread are all focused on liability issues and assume "there is a case" once liability is proven. Although liability is often a hurdle in medical malpractice cases, once a standard of care is shown to be violated, the attorney must also prove damages flowing from that breach of the standard of care. 

If a client has $15,000 in provable damages and liability is really really good, an attorney may still be very reluctant to take the case if he or she has to spend $20,000 on experts- $20,000 that will come out of the client's settlement. Client is out $5K in that situation, and there is no fee for the attorney or he or she eats the fee. That's why a lot of these cases do not get taken, they aren't cost efficient unless there are significant damages. It's all about litigation economics, which means putting something in the client's pocket other than a bill for experts, AND getting a fee that recognizes the work and effort needed to achieve a settlement or judgment that also gets something for the client.

With regard to the OP's case, unless I missing something, part of proving damages is that because the standard was breached, she lost her colon, and wouldn't have lost it otherwise. I am stuck on the "wouldn't have lost it otherwise" part.  I separate that issue of the legal viability of a medical malpractice claim from the issue of bringing a complaint against the doctor for mistreating her and not attempting other treatment, which may very well be a valid and worthwhile endeavor in itself. 

Last edited by CTBarrister
Copyright © 2019 The J-Pouch Group. All rights reserved.
×
×
×
×