Typically, in order to establish a breach of the standard of care you must get an expert witnesses to testify that there was a breach in the standard of care. An expert witnesses is usually another doctor in the same field of work. Malpractice cases are very difficult and I would recommend looking into hiring an attorney. An attorney has worked with expert witnesses before and knows the state law requirements of bringing a malpractice suit and how to prove a breach in the standard of care. Start calling local attorneys in your area who handle medical malpractice/negligence suits and ask for a consultation -- most are free. Prior to that, if possible, gather all your medical records from both the hospital and the specialist and any other health care providers related to this. The attorney will want to look at your records. A lot of malpractice cases depend on what the records indicate. These cases are very complicated, difficult to prove and time consuming which is why I recommend you try and get a consultation with an attorney who can review your records and give you more information based on your specific situation. I hope this information helps. Best of luck.
NOTE: This response is general in nature and should not be considered legal advice. No attorney-client relationship exists or is formed by this information.
Answered on Mar 27th, 2012 at 4:32 PM