To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse was negligent. 2. Evidence that the negligence cause some harm. 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages. I know some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case. In your case, you first need a doctor's opinion that the Bone and Joint Specialist's failure to diagnose and treat the chipped bone and meniscus tear were a result of negligence. Second, and this is very important, the doctor must also give an opinion that your long term outcome will be worse because of the missed diagnosis. Usually you have to find a medical malpractice attorney to help you get these opinions.
Answered on Jun 18th, 2013 at 2:24 PM