You’ve been injured.  You feel wronged and angry, and blame your doctor or nurse for your pain and suffering.  You spoke with a medical lawyer, or perhaps a few of them.  And not one of them agreed to take on your case and represent you.  Why?

There are many reasons why a medical lawyer might refuse a case.  First of all, not every medical mistake constitutes malpractice.  Often people feel wronged and want someone to blame, but a medical lawyer knows what to look for in legitimate malpractice cases.  If certain elements don’t exist, they likely won’t take your case.

So what things do medical lawyers look for when deciding whether to represent a client?

Was there duty of care? Did the medical practitioner have an obligation to provide quality care to the patient?  This question is most often answered ‘yes’ however there is more to the story than just duty.

Was that duty breached? This is often the element that will make or break a case, and therefore determine whether a medical lawyer will pursue a lawsuit on your behalf.  Just because you suffered an injury doesn’t necessarily mean it was due to your doctor breaching his duty of care.  Unless there is a good chance that this can be clearly proven, you don’t have a case.

Was there injury?  If the answer to questions one and two were yes, but there is no significant injury or harm to you, again, you have no case.  You certainly can’t seek compensation for injuries you cannot prove.

Medical malpractice is by no means a black and white scenario, and every case is unique.  But medical lawyers are experienced and know exactly what a judge or jury will look for in a negligence claim.  If your case is weak or difficult to prove, it is likely that a truly experienced and qualified attorney will turn you down.  If you’ve found yourself unable to find legal representation, by all means get a second opinion.  But don’t be upset if you are told you simply do not have a case.  Often it will save you time and anguish in the long run.

What is medical malpractice, anyway? You hear the term on television all the time, but do you truly understand what it is, and how to file a medical malpractice suit if you needed to?

First you must understand what constitutes a medical malpractice claim. It occurs when a doctor or health care provider fails to provide a patient with competent care or medical treatment. But not every bad experience with a doctor can be considered malpractice. There has to be substantial impact on the patient, and it has to be proven that such impact was caused by negligence on the part of the doctor or health care provider.

If a patient consults with a doctor, and presents symptoms that could be attributed to a number of different illnesses or conditions, the doctor is responsible to explore the different possibilities and treatments for the patient. If the medical practitioner takes the appropriate measures to do so, but ultimately ends up misdiagnosing the problem, this doesn’t necessarily point to medical malpractice. The problem arises when a doctor knowingly fails to treat a patient properly, and this negligence results in personal injury to the patient.

So what do you do now? You feel that you’ve been a victim of medical malpractice negligence, have suffered personal injury as a result and you now want to be compensated. First things first, you must contact an attorney that specializes in medical malpractice suits. Your attorney will then work with you to get your case in order and prepare for possible trial.

The first, and possibly the most important part of a medical malpractice suit is evidence. There is no way you will win a settlement for malpractice if you can’t provide evidence to support your claim of negligence. For this reason, it is critical that you keep detailed records of every aspect of your case. The next step involves your attorney obtaining your medical records and having an impartial third party review them to help determine if there truly was medical negligence in your case.

If it is determined that you do, in fact, have a medical malpractice suit, notice will be sent to the health care provider involved. He or she will then have 90 days to prepare a case in their defense. At that point, there are three options available for the defense: settlement out of court, acceptance of liability and settlement through arbitration, or denial of the claim. If the latter is chosen, you’ll be heading to court.

Should your case end up in litigation, your attorney will present the evidence and medical records he or she has compiled, as well as the detailed medical report from the impartial third party to prove your medical malpractice case. The doctor or medical practitioner will present their own evidence in their defense. If it’s determined that medical malpractice did occur, you will be awarded a monetary settlement to compensate you for the personal injury you have suffered and to punish the doctor for their negligence.

The bottom line is, not every medical mistake constitutes medical malpractice. You need an experienced attorney representing you, and you must have a solid case with ample evidence that proves medical negligence in order to win your case and be awarded a medical malpractice settlement.