Medical Malpractice Attorney in Philadelphia, Pennsylvania

What are the biggest challenges you face in handling medical malpractice cases?

More In This Category

View Transcript

there are a lot of challenges in medical
malpractice cases the most difficult is
frequently proving what they call
causation in a medical malpractice clam
you have to prove a lot more than just
the hospital or doctor or nurse did
something wrong doing something wrong is
not enough to succeed in a lawsuit you
have to prove that what they did wrong
was the cause of your injury or even
more importantly that the injury
wouldn’t have occurred if the negligence
hadn’t occurred so that involves a
little bit of looking into a crystal
ball and you have to prove that
information through expert testimony you
have to bring in experts in the right
Fields whether they be neurology
Rehabilitation uh emergency medicine in
order to say that uh had this infection
been diagnosed earlier you’re going to
need an infectious disease expert to say
that in virtually all cases the
antibiotic would have treated the
infection and the complication wouldn’t
have occurred in an emergency medicine
Cardiology case where a patient goes
into the ER uh with complaints of chest
pain you need testimony to show that had
the intervention been done earlier had
the aspirin been given had EKG been done
that the diagnosis would have been made
and that the treatment would have made a
difference and it’s that part that
causation that proving that the outcome
would have changed that’s most difficult
in a medical m practice case

Philadelphia, PA personal injury attorney Leon Aussprung M.D., ESQ. talks about the biggest challenges faced in handling medical malpractice cases. Medical malpractice cases present numerous challenges, one of the most significant being the difficulty of proving causation. In such claims, it is essential to demonstrate more than that a hospital, doctor, or nurse acted improperly. Establishing that their wrongdoing caused the injury is crucial, and it must also be shown that the injury would not have occurred if the negligence had not taken place. This aspect often requires a degree of speculation and must be supported by expert testimony.

To establish causation, it is necessary to engage experts from relevant fields, such as neurology, rehabilitation, or emergency medicine. For example, if an infection was not diagnosed in a timely manner, an infectious disease expert would need to testify that, in nearly all cases, the prescribed antibiotic would have effectively treated the infection, thus preventing complications. In cases involving emergency medicine or cardiology, where a patient presents to the emergency room with chest pain, expert testimony is required to demonstrate that earlier interventions—such as administering aspirin or performing an EKG—would have resulted in a timely diagnosis and a different treatment outcome. Proving that the outcome would have changed due to the alleged negligence is often the most challenging aspect of a medical malpractice case.

More Videos From This Lawyer