What are the factors that make a worthwhile claim for damages as a result of medical malpractice?
The single most important factor is the ability to prove a very clear breach of the accepted standard of care by the doctor or other health care provider. The clearer the breach the stronger the potential claim. A close second factor would be the nature of the injury caused by the malpractice. A truly serious injury with long-term consequences in disability, lost income, or medical expenses is more likely to be worth the time and effort in making the claim than an injury less disruptive of a person’s lifestyle and work.