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How do I know if my case has merit? Each case is unique and turns upon the particular facts and circumstances of the case. Therefore, determining whether one’s case has merit usually involves a multi-step process. First, a qualified lawyer reviews the case to determine whether the type of injury suffered by the patient, and the conduct on the part of the health provider, rise to the level of a medical malpractice claim. At times, this requires review of your medical records, and consultation with physicians and other health care providers to assist in determining whether the actions of the health care providers fell below acceptable medical standards. The case may thus need to be evaluated from both a legal and a medical perspective. Many factors are considered in reaching a decision, including: whether the claim is barred by a statute of limitations, whether the health care provided fell below accepted medical standards, the potential for recovery, and the likelihood of being able to collect upon a judgment if successful. Given the many complex medical and legal issues that will likely be involved, it is difficult for one to reach a conclusion about the merits of the case before the case is thoroughly reviewed and analyzed by a qualified attorney. Therefore, anyone who suspects that they may have been the victim of medical malpractice should consult a qualified attorney immediately. 
Law Office of Joseph A. Hernandez, P.C. Thank you for visiting the Law Office of Joseph A. Hernandez. The material located on our law firm's web site is intended to be a resource for present and prospective clients for informational purposes only and is not intended to be legal (or medical) advice. This web site is not an offer to represent you. The act of sending electronic mail to our firm or to Attorney Hernandez does not create an attorney-client relationship and does not obligate the Law Office of Joseph A. Hernandez or Mr. Hernandez to respond to your email or to represent you. No attorney-client relationship will be formed unless you enter into a signed agreement of representation with the Law Office of Joseph A. Hernandez. You should not act, or refrain from acting, based upon any information at this web site without seeking professional legal counsel. Under the rules of the Supreme Judicial Court of Massachusetts and other rules, this material may be considered advertising. Licensed to practice law in the State of Massachusetts. This website does not represent other licenses, or certifications of specialization or expertise that may be available in certain states. |