Philadelphia Lawyers Referral Service

The first thing we do-let's sue all the doctors.
This 21st Century update on Shakespeare's
famous quotation accurately sums up the
attitude of many who have had a less than
optimal medical outcome.

Many people seek legal redress for a bad
medical result for which there is no legal
blame. It may be that medical malpractice
cannot be proven, or it makes no economic
sense to try to prove malpractice.

Often the calls I receive are spurred by
nothing more than hurt feelings. Perhaps
the patient simply felt that the doctor treated
him or her with disrespect and wishes to get
back at the doctor by filing suit. The law
does not provide a remedy for hurt feelings
and, and it makes no economic sense to
pursue a medical malpractice case unless
the damages are severe and the liability
fairly clear.

Medical malpractice litigation involves
injuries suffered as the result of careless
medical practice. There are two important
points to understand about medical
malpractice litigation.

First, not every bad or sub-optimal result
from medical care or a medical procedure
constitutes malpractice. You cannot collect
from the doctor's insurance company
simply because medical care did not achieve
the desired result. Negligence can never be
assumed simply because an injury occurred.
It must be proven in a legally sufficient way.

Second, even if you were the victim of
medical malpractice, there are numerous
factors that play into the question of whether
you have a winnable case. The fact that a
doctor was negligent is only one of many
considerations. Because of the many
complex issues that make up a medical
malpractice case, medical malpractice
is not the type of litigation a person should
try to pursue without engaging a qualified
lawyer.