Internal Medicine Malpractice

Internal medicine deals with the primary and secondary care of medical illness in adult patients.  While the name “internal medicine” may lead a person to think these physicians treat just “internal” problems, this is not true.  Doctors of internal medicine do not just treat people with internal organ problems. They treat the whole person.

In a medical malpractice case, the plaintiff needs to show the medical provider acted negligently.  To establish this, the plaintiff first needs to show the medical provider owed the plaintiff a duty and that the provider breached the duty by not following the standard of care in the medical community.  To find out the standard of care, the plaintiff engages internal medicine experts who practice in the community, and are able to discuss what is considered routine for the procedures that led to the plaintiff’s injuries.

Before trial, internal medicine experts help with depositions, medical literature research, case reviews for legal merit, and medical record reviews.  Internal medicine experts assist plaintiffs in understanding diagnosis and treatment of cancers, diseases, and infections.  By learning complicated and technical internal medicine subjects, a plaintiff can evaluate the merits of a legal action before filing a lawsuit, deciding to settle, or moving forward to trial.  A medical expert takes part in the oversight of civil actions during the pre-trial stage to prevent non-meritorious lawsuits from unnecessarily consuming legal resources.

During trial, medical expert witness testimonies are pivotal in the resolution of medical malpractice disputes.  Look for the medical expert witnesses who can provide fair testimony during trials and arbitrations about preventative medicine, and men’s and women’s health.

Follow these guidelines when seeking experts who can convey reliable, unbiased, and accurate analysis of standards of care:  (1) whether an opinion has been peer reviewed; (2) whether a theory can be and has been tested; (3) known or potential error rate of a theory; and (4) general acceptance of a theory in the scientific community.  Peer review comes from an expert’s research being published in scientific and medical journals.  Accurate analysis on standards of care come from active practice in the relevant scientific community.

 

Posted in Medical Malpractice

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