The question is not about winning and losing. You can win a malpractice case with minimal injuries. The problem is finding a lawyer willing to handle a smaller case who is willing to front the expense in the case and accept losing that money if the case is no successful. If the injuries are not...Read more »
It would be nice to have the context of the questions. But, generally, you can absolutely dismiss a case at any time. I would request a dismissal "without prejudice" if you may have any desire to revise the claim.
In Maryland, the biggest difference is the hoops you have to jump through to bring a claim in malpractice cases that are required by the statutory scheme that covers our malpractice claims. But the gist of malpractice is the same as negligence.
There has to be negligence. That is the key. Did they perform the risky procedure like an ordinary, reasonable prudent surgeon would. It is not the outcome that matters. It is whether a mistake was made.
I would depend on the facts of the case. A bad outcome does not mean malpractice. If you could prove that a reasonable, prudent doctor would not have taken the cast off early, you have a theoretical case.
As a practical matter, unless you suffered serious injuries, no lawyer would take this case. Whether you have a theoretical case would depend on whether the doctor knew or had reason to know you might be allergic to that medication.
After I registered at a lab for several blood tests, I was told that they could do all tests except for the Sickle Cell screening. I already registered before they told me that, meaning I was already obligated to pay them. One of my issues is that, by offering all other tests except the Sickle Cell... Read more »
I don't think this is a medical malpractice case. Did you call the lab and tell them you no longer want to take the test and explain why? I doubt they would hold your feet to the fire if you have not yet taken the test.
And come back to a note on the door saying you left two scratches on their car a d the make and model of the accused car should I remove the apology note saying sorry we didn't know anything happened and didn't mean to cause any harm should I remove the apology note or do you think... Read more »
From a legal standpoint, you are best to just let it go because saying anything could get you into trouble. If you are less worried about the legal and more interested in being a good neighbor, go with your first idea.
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