Medical Malpractice Attorney Warren County

We rely on our medical professionals to make the right decisions and handle complicated procedures safely. There are times when the outcome we rely on and hope for doesn’t come to pass, and sometimes that can be the fault of those we trusted. Medical malpractice lawsuits are a way for those who suffer to seek fair compensation. 

Our experienced medical malpractice attorney at Galligan & Newman will work with you on all facets of your legal challenge. For over 40 years, we have served the people of Warren, White, Van Buren, Grundy, Putnam, and DeKalb Counties. Our commitment to providing detailed legal counsel ensures that you are not overwhelmed by the complexities of a medical malpractice case. You can trust us to navigate through medical jargon, liaise with insurance companies, and build a strong foundation for your case.

Give us a call at (931) 473-8405 or reach out online today. 

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The 4 D’s of Medical Malpractice

There are four things that must be proven to win a medical malpractice case–duty, deviation, damage, and direct cause. 

Understanding Duty of Care in Medical Malpractice

All personal injury cases, medical or otherwise, require that a duty of care be present. That is, the defendant must owe a duty of care to the plaintiff. In many medical malpractice cases, this will be self-evident. If you had open-heart surgery, the surgeon clearly owed you a duty of care. The night nurse has a duty of care to make sure you receive the right medication and at the right intervals. The pharmacy has a duty of care to see that you get the correct prescription. 

Determining duty of care is foundational because it establishes the professional relationship and responsibility of the healthcare provider towards the patient. Without this, a claim cannot move forward, as the fundamental tenet of 'provider to patient' care must be established first. Our firm meticulously reviews the patient-doctor interactions and documentation to solidify this crucial aspect. 

It is possible for a duty of care not to be present. Let’s say that your grievance is getting bad advice to have that heart procedure done. It turned out it wasn’t necessary and did more harm than good. You have a friend who's a doctor and they gave you the advice. 

What were the circumstances around this doctor’s advice? If your families were camping together at Rock Island State Park and they offered their counsel as you lamented your heart issues over a campfire, then it’s likely no duty of care existed. You might have the basis for believing your friend isn’t a very good doctor, but you won’t have the basis for a medical malpractice lawsuit. 

But if you get the same advice in this doctor’s office, after making your co-pay? Now, a duty of care is present, and the physician can be held accountable. The setting where advice or treatment is rendered often plays a key role in establishing duty. Professional settings create an expectation of professional conduct, a notion which is integral to malpractice cases. 

Proving Deviation from Standard Care in Your Case

The next step is to prove that the medical professional deviated from the standard practice of care in your case. Let’s return to the example above. Perhaps the advice you got about your heart condition was the same that most any doctor would have given. Or, at the very least, it was advice that a large number of reasonable doctors would have offered. This is a valid defense in medical malpractice cases. 

If you and your attorney believe otherwise, then it’s time to summon expert witnesses. You might go and see a couple of heart specialists. They’ll examine you and look at your previous medical history. What if they testify in court that not only would they not have advised you to undergo the procedure, but no reasonable doctor would have rendered such an opinion? If the court is persuaded by your expert witnesses, then you can establish deviation. 

Expert witnesses can be important in a trial of most any kind, but they are particularly necessary in medical malpractice cases. The entire question of deviation essentially boils down to this–What would a reasonable person facing the same set of circumstances have done? A jury can make up their own minds in, say, a slip and fall case where the issues are ones ordinary people meet every day. Understanding what a reasonable person would do in medicine is dependent on testimony from professionals. 

Deviation from the standard of care is often illustrated through comparisons with established medical guidelines and procedures. We analyze these standards based on regional as well as national levels to demonstrate what should have been the correct course of action. This diligence helps us argue effectively with solid factual backing. Proving the extent of the damages you’ve suffered and connecting them to a medical breach of duty requires diligent legal expertise. Law Offices of Galligan & Newman has been handling these cases for over 40 years. 

Call our Warren County medical malpractice lawyers at (931) 473-8405 or contact us online

Understanding Damages in Medical Malpractice Cases

If you’ve proven duty and deviation, damages will often be apparent. This is an area that can be a source of dispute in other types of personal injury cases–e.g., a slip and fall case, a person might not have been injured in any substantial way. But given the gravity of medical procedures, if we’re at this stage of the process, it’s quite probable that the reality of damage will be evident to the court. 

In medical malpractice, damages can encompass physical injury, emotional distress, and financial burdens such as medical bills or lost wages. It’s not just about proving harm; it involves fully articulating the scope and impact of these harms on your daily functioning and life quality. With a comprehensive briefing of all these potential areas, we aim to encapsulate the totality of impact in our representations. 

Establishing Direct Cause in Your Medical Malpractice Claim

This final piece of the medical malpractice puzzle might not be as easy to establish. To continue with our example of a heart procedure, what if the defense argues that the source of your pain and discomfort is another cardiovascular condition you might suffer from? Many patients have pre-existing conditions, and those conditions might be seized upon as a defense. 

Your lawyer will again need to bring forth expert witnesses to testify on your behalf. You must demonstrate to the court that this specific act of malpractice–one which is now proven before the court in the form of duty, deviation, and damage–is indeed the direct cause of your current distress. 

Establishing direct cause involves dissecting medical reports, timelines, and incidents preceding the alleged malpractice. We meticulously analyze these records and timelines, looking for links between the alleged malpractice and subsequent health issues, thus solidifying claims with persuasive evidence. 

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