Sunday, August 7, 2011

Do I have a Negligence case?

Negligent malpractice involves proving four elements - duty, breach of duty, causation, and damages. Of the four elements, "Damages" may be the most important. An attorney would want to know what injury you suffered because of their alleged negligence. Malpractice is big business in this country and physicians are sued all the time for their mistakes in treatment. Based on what you've stated, it does appear that you physician breached a duty to you but you've not shown how this breach has affected you. When you can answer that question, see an attorney to see if they're willing to build a case. In malpractice cases, many attorney's work on a contingency fee basis (usually 1/3 plus expenses) so it wouldn't hurt you to seek professional help. Consultation is usually free.

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