- Medical malpractice requires more than a bad medical outcome.
- Standard-of-care questions are central.
- Expert testimony is often critical.
- Statutes of limitation can be strict.
- Discovery rules can differ from ordinary injury cases.
- Medical records need careful review.
- Hospital liability may differ from physician liability.
- Independent-contractor status can matter.
- Nursing staff may have separate responsibilities.
- Pharmacy errors can create different defendants.
- Informed-consent issues are distinct from negligence.
- Pre-existing conditions can complicate damages.
- Causation can be difficult to establish.
- Medical expenses aren’t the only possible damages.
- Future treatment can affect valuation.
- Lost earning capacity can matter.
- Expert costs can be significant.
- Not every lawyer accepts malpractice cases.
- Ask about previous malpractice trials.
- Ask about the firm’s medical experts.
- Understand how litigation expenses are handled.
- Don’t assume a settlement is automatically advantageous.
- Confidentiality provisions may appear in settlements.
- Don’t delay obtaining legal advice.
- Biggest mistake: assuming that a poor medical outcome automatically means malpractice.
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