Reply #5: In Most States you will need...

[seventhson]

A specialist who will testify that the Dr. failed to exervise the proper standard of care.

Experts are expensive and you will have to pay for the opinion. But most malpractice lawyers have access to such doctors to assess the case and will get it done if you pay for it. If you get ALL the medical records from everywhere and send them to an expert (you can find them in law journals at your local or university law library) you might get an opinion which supports the claim.

Ask the lawyers you talk to if they have such experts and what the cost is (usually at least $500- 1000 just to review the record and listen to your story - which you should write in narrative form for them to read, where you went, what happened, what your symptoms were, etc.).

Once you have an opinion from a speacialist that your doctor failed to exervise the proiper standard of care (if you can) then you can go forward and may win the case. It is an investment but may be well worth it if there was clearly malpractice.

Get appointments with malpractice lawyers once you have all the info collected and startle themn with your grasp of the facts and what is required and they may take the case provided you pay the expense of the evaluation and are willing to pay the costs of filing the suit etc. Most lawyers who handle these cases will work for a contingency fee of 1/3 or more of the damages to you in pain, suffering, medical bills, etc.

Good luck.

PS I am a lawyer who has been involved in malpractce suits. It is expensive and time consuming and can be difficult to win so many lawyers like to take only pretty sure bets. But DEMAND the best lawyers and make sure they give you what they will charge you in writing.