Medical Malpractice Attorney in Philadelphia, Pennsylvania

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

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There are many challenges in medical malpractice cases, with one of the most significant being the difficulty of proving causation. In a medical malpractice claim, it is essential to demonstrate more than just that a hospital, doctor, or nurse acted improperly. Establishing that their wrongdoing caused the injury is crucial; even more importantly, it must be shown that the injury would not have occurred had the negligence not taken place. This aspect often requires a degree of speculation and must be substantiated through expert testimony.

Bringing in experts from the appropriate fields, such as neurology, rehabilitation, or emergency medicine, is necessary to establish causation. For instance, if an infection was not diagnosed promptly, an infectious disease expert would need to testify that, in nearly all cases, the prescribed antibiotic would have effectively treated the infection, 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 intervention—such as administering aspirin or performing an EKG—would have led to a timely diagnosis and a change in treatment outcome. Proving that the outcome would have differed due to the alleged negligence is often the most challenging aspect of a medical malpractice 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.

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