In Medical Malpractice Cases, The Details Make The Difference

Jul 17, 2014

Part of my job as a medical consultant for the Warshauer Woodward Atkins involves talking to the people who call us with potential medical malpractice cases. These calls allow me to evaluate the facts of a case, and determine if it has the potential to be a viable malpractice claim a case I present to the firm’s attorneys.

When people call me, they want to tell their story, and I want to hear each person’s take on the events in their medical history, but I am also listening for certain comments and information that give a case value as a medical malpractice claim.

There are three main elements in a good medical malpractice case, and they must all be in place: medical negligence, an injury and causation (how the negligence caused the injury). One is not more important than the other they are equally essential.

When I first started working at Warshauer Woodward Atkins, the task of evaluating so many compelling cases was a bit overwhelming; I got caught up in the medical facts. The firm’s Senior Partner & Co-founder Michael Warshauer gave me some advice that helped immensely. His suggestion was to stick to asking two main questions: How is your life different today than it was prior to your injury? and How is your life different today than it would have been had you had the best medical care imaginable?

Michael’s advice helped me to quickly determine the impact that an injury has had on a person’s life. Ultimately, people contact us in order to explain how their lives are different in a bad way.

When considering your injury or that of a loved one, think about how the injury has altered your life and/or the lives of loved ones. Below some of the questions that will help determine the level of injury that has resulted from a negligent act:

Do you or a loved one experience daily chronic pain, or a physical disability that was not present prior to the injury?

Are you or your loved one still able to go about the usual daily activities (i.e. dressing, bathing, etc.) as before the injury occurred?

Can you or your loved one still earn a living, or participate in hobbies that were enjoyed prior to the injury?

Is it still possible to offer the same level of supervision and care to children or grandchildren for whom you or a loved one previously provided as a primary caregiver?

Was a loved one’s life cut short?

Once I have answers to these questions, I am able to take the potential client’s information to our attorneys, and help them get started on each medical malpractice case we accept. If a medical malpractice claim exists, Warshauer Woodward Atkins can efficiently and effectively identify a viable claim. We begin that process by listening carefully to each person’s story, and uncovering the elements that are necessary to help construct a solid malpractice case on behalf of our clients.

If you suspect medical malpractice that resulted in a catastrophic injury or the death of a loved one, contact Warshauer Woodward Atkins and tell us your story.