Medical malpractice (or medical negligence) is the area of law that deals with compensating people who have been injured because the care and treatment provided by their health care practitioner did not comply with the appropriate standard of care. Medical malpractice can focus on such things as hospital care, nursing care, physician care, podiatric care, dental care, psychiatric care and nursing home care, among others.
A physician is a professional person. A physician commits professional negligence by failing to do something that a reasonably careful physician would do, or doing something that a reasonably careful physician would not do, under similar circumstances. The law requires that the determination as to whether the physician acted in an acceptable manner, which is a determination usually made by a jury, is to be based upon expert testimony. If a physician or other professional is negligent and a person suffers an injury as a result of that negligence, the law requires that the negligent professional compensate the injured person with money damages.
The presentation of medical malpractice claims requires the use of expert testimony and often involves the use of medical exhibits. Medical malpractice claims, therefore, can be very expensive to prosecute and usually require extraordinary time and resources in order to be successful. Hurst Boleky LLC maintains and applies strict standards in evaluating potential cases. Potential cases must have both substantial injury and actionable professional negligence under the law.
Hurst Boleky LLC possesses the essential knowledge and understanding of medical issues to communicate with expert witnesses in the evaluation and prosecution of medical malpractice claims, to cross-examine medical defendants and experts hired by the defense, to discover relevant and important facts, and, ultimately, to present the case to a jury.
In presenting any personal injury case, especially medical negligence cases, it is important to consult with highly qualified, highly trained and highly respected expert witnesses. In medical negligence cases, there is a requirement that the case be proven through expert testimony. Therefore, it is important to consult with medical professionals who are truly expert in their field regarding whatever condition or treatment is at issue in the case.
An expert who does not have the credentials or the credibility to stand-up to aggressive cross-examination cannot support a claim for malpractice. In presenting a malpractice case from the plaintiff’s perspective, it is critical that the expert witness be beyond reproach since it is the plaintiff who bears the burden of proof.
At Hurst Boleky LLC, we routinely consult with world-renowned experts in the particular specialty at issue in each case. We have consulted expert witnesses from across the country and around the world. We will spare no expense in consulting with expert witnesses to support our client’s claim. Because of our knowledge and understanding of the medical issues involved in a particular case, we are able to appreciate the medical testimony that would be helpful and necessary. We then call upon our knowledge of the medical issues in order to intelligently discuss our cases with our chosen experts.
In presenting any personal injury case, it is the plaintiff who bears the burden of proof. Therefore, it is the plaintiff who must explain the issues in the case to the jury in a manner in which the jury can understand and appreciate. In order to do this, Hurst Boleky LLC often uses medical illustrations and other medical exhibits such as models and computer animations in order to present our client’s case to the jury.
Medical exhibits, such as illustrations, models and animations are known as demonstrative evidence. There must be both a basis in the record for the illustration, model or animation, and there must be testimony authenticating the exhibit. We work closely with our medical illustrators and animators as well as with our expert witnesses in order to develop medical exhibits that are both admissible at trial and persuasive to the jury.
To consult with our office regarding a potential medical malpractice claim, please call (312) 346-6800 or complete and submit the contact form. We urge you to contact an attorney as soon as possible, to ensure all of your rights are protected.