Medical malpractice is essentially
professional negligence on the part of a healthcare provider or a hospital. To
determine whether or not medical malpractice was actually committed, the courts
take into consideration several factors.
Albuquerque, NM medical malpractice lawyers,
and one of the finest in this area of law is Brian K Branch, say that there are
some practices in diagnosing or treating a patient that is accepted as the
standard and when it is found that the care provided in the case is not up to
this mark, it is deemed as malpractice.
For the most part, medical malpractice
and hospital neglect claims require an expert testimonial before it
can be concluded. The specifics of the case are of a medical nature and are
beyond the scope of a non-doctor and therefore the complexity demands that a
medical expert provide his opinion. In fact, most states require that you have
the written opinion of a medical expert to even be eligible to file for medical
malpractice. This is an important pre-requisite according to Central New Mexico
or Albuquerque medical malpractice attorneys.
Why
is a medical expert’s opinion required?
It is imperative that a medical expert
provide his opinion because without an opinion the judge would essentially
either dismiss the case or conclude it prematurely. The reason for this is that
the technical information and knowledge required to make a sound ruling is
something that the jury lacks. The jury does not necessarily have to adopt the
opinion of the medical expert for a medical malpractice case, but will have to
use it as a factor in deciding the case.
If you or someone you know is a victim
of hospital neglect or any other form of medical negligence, one of the most
important things to do would be to find a medical expert to testify on your
behalf. These experts are hard to find and are not cheap. The best way to
acquire one for your case would be to first consult with an experienced
Albuquerque, NM medical malpractice lawyer such as Brian K Branch who can be
reached right here: http://www.bkblaw.net/.
What
should the expert’s testimony constitute of?
Medical malpractice legal professionals
tell us that the testimony needs to have two very important aspects or points
to it. First, the expert should clearly describe the accepted standard of care
which a reasonable, competent doctor would have provided in the same situation
and then compare and contrast it to the care that was actually provided in this
situation.
Secondly, the expert needs to talk about
whether or not the substandard care provided (if that is the case) caused
injuries or illness to the patient.
It must be emphasized that only certain
people qualify as medical experts. For instance, if the alleged malpractice or hospital
neglect pertains to a specific field of medical sciences then only a specialist
in that field would qualify as a medical expert. This makes it even more
difficult to access an expert. If you try to put someone on the stand who
specializes in something else then the opposition will attack this person as
not being credible and will probably get away with it even if this person does
understand the situation and what happened.
The
top law firm in the region
Central New Mexico and Albuquerque medical
malpractice lawyers have an excellent network and will be able to help find a
suitable expert for your case. Medical malpractice lawsuits are subject to
a statute of limitations, so make sure not to waste any time in seeking legal
counsel.
Who is the best legal professional in
the Albuquerque region? It is not Saul Goodman since he is not real and also
because he is no longer in this area, he is hiding out in the Midwest somewhere
working at an ice cream shop. It is Brian K Branch and he knows how to
prosecute medical malpractice cases. The first meeting is free. He knows how to
win cases and you do not pay him anything until the case is over with. He has
won big money for past clients and you can be on this golden list as well but
you need to call him first.
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