Medical malpractice cases are among the most challenging personal injury lawsuits to win, and they often aren’t successful. In order to achieve a positive outcome for your malpractice case, you’ll have to overcome multiple hurdles and draw on various resources, some of which may be difficult to access.
Because of the challenges present in malpractice cases, you need an attorney who has experience with these types of lawsuits.
Challenges of Medical Malpractice Cases
In order to succeed in any personal injury case, you need to prove two things:
The person at fault for the incident was in some way negligent in their actions
That negligence caused your injury
While it may seem straightforward in most cases, it can get complicated. It’s one thing to know what happened; it’s another entirely to be able to prove it. In the case of medical malpractice, proving it occurred is extremely difficult.
In order to prove that a doctor was negligent, you have to show that he or she acted against commonly upheld standards of medical care. If your doctor couldn’t be expected to have acted any differently, then you don’t have a case.
If you can show the doctor was negligent in some way, you then face the challenge of showing that his or her actions caused your injury. You have many contributing factors at play, including your underlying medical condition (i.e. the reason you were visiting a doctor in the first place). If your doctor’s actions caused that condition to worsen, it can make proving the cause of your injury more complicated.
Settling Malpractice Cases
The vast majority of medical malpractice cases are settled outside of court. Given the rate at which these types of cases fail in court, this is probably a good thing, but you do want to make sure you get a fair settlement. Without the right resources, you’ll probably receive far less than you deserve.
One of the main resources you’ll need in a malpractice case is an expert witness. Given how obscure and complex medical evidence can be, you’ll need an expert to assess what went wrong and how. Otherwise, you are unlikely to convince a jury, and therefore, you probably won’t be able to put enough pressure on your doctor’s insurance provider to give you a fair settlement.
Jury Trial Tactics
If your case goes to trial, the stakes become much higher. While you might have been able to settle for some amount outside the courtroom, a trial is a purely win-lose situation. Here, you’ll face an even greater challenge—convincing the jury that malpractice occurred.
Given the difficulties associated with providing medical care, many juries will tend to look more favorably toward the doctor than the plaintiff. In more obscure cases where the evidence is more complicated or vague, the court could easily rule in the doctor’s favor.
Quality expert testimony is absolutely vital in these cases. You need someone who will be able to analyze the evidence and explain it as clearly as possible to the court.
Only experienced malpractice attorneys will have access to all the resources required to win medical malpractice cases. If you are a victim of malpractice, make sure you contact a skilled attorney such as us at Hart David Carson LLP.