Were you a victim of medical malpractice from a licensed medical professional? If you’re taking your case to court, be aware.
Doctors have a strong reputation for winning medical malpractice cases. In 2005, 2,449 medical malpractice cases were disposed of, specifically by the jury.
This is because medical malpractice is difficult to prove. In addition, doctors are smart and force you to sign extensive contracts. These contracts state that the doctor isn’t liable for specific injuries or side effects from the operation.
Why is it important to understand this? If you’re filing medical malpractice suits, you’ll have to overcome the challenges faced during your trial.
Why Medical Malpractice Suits Are Difficult to Win
Medical malpractice is one of the hardest lawsuits to win. There are a few reasons why.
Insurance Company Difficulties
First and foremost, you’ll have difficulty winning over your insurance company.
They likely won’t want to bother with your lawsuit unless you have enough evidence to take down your doctor. In addition, they will specifically want to talk to your lawyer.
Gathering Evidence Is Complicated
Doctors usually have detailed evidence of all of their patients and their operations. The judge and jury will take this evidence more seriously than yours. This is because the plaintiff’s evidence isn’t as concrete.
The medical world is tricky. Anything can go wrong and any side effects you experience doesn’t have to be because of the doctor’s malpractice or negligence. However, a lawyer will ensure you deliver the best evidence.
Litigation Is Expensive
Medical malpractice lawsuits are more expensive than the average lawsuit. You’ll end up spending between $20,000 and $50,000 on a typical case, and complex can cost as much as $100,000.
The average settlement cost is $425,000, so you can pay back your court debts. But the high chance of losing deters many patients from suing their doctors.
Medical Expert Testimonials Are Necessary
The doctor not only needs to prove their arguments but they also need to prove yours. That’s because medical processes and terminology are difficult for average people to understand.
How do you add strength to your argument? Consult with a different team of medical experts.
However, there’s no guarantee they will be on your side. That’s because most doctors don’t want to risk testifying against another doctor, potentially ruining their own reputation.
The best course of action to take is first asking a lawyer. A medical malpractice lawyer has a team of medical experts on their side who can look at your case and find any faults or neglects the doctor made.
A Qualified Lawyer May Not Always Be Successful
While no lawyer has a perfect track record, a talented medical malpractice lawyer will definitely lose some cases. The challenges of medical malpractice lawsuits can even be too much for a lawyer.
When choosing a medical malpractice lawyer, compare the number of cases they won to the number of cases they lost. Don’t be surprised if they lost more than half of their cases.
It’s best to focus on how many cases they handled and their connections with medical experts.
How to Prove Doctor’s Negligence
Anything can go wrong during an operation and it doesn’t have to be the doctor’s fault. Maybe you didn’t follow the doctor’s care instructions or there was an issue during the recovery process.
The only real proof a judge has is the doctor’s notes. Every reliable doctor keeps detailed notes of their patients, their operations, and other information relating to the care the patient receives.
These notes may also be difficult to comprehend, especially if they’re written with complex medical terminology.
Does that mean getting proof of doctor negligence is impossible? No. But it will take some research on your end. You’ll have to consult with the doctor, their staff, and even other medical experts to discover what they did wrong.
If this doesn’t prove successful, you can find medical databases and even medical textbooks about your operation and the cause of your side effects.
In addition, you’ll also have to read over your contract to ensure there’s nothing about medical negligence in your contract.
How to Convince the Jury of Medical Malpractice
As well as winning over the judge, you’ll find it challenging to win over the jury. Many legal experts don’t know why the jury favors the doctor but many assume it’s because medical professionals tend to have concrete proof over the plaintiff.
But there are ways to win over the jury. For example, did you consult with two different doctors? Gather statements from both. Gather the proof of your doctor’s negligence but also gather any proof from another doctor you consulted with.
For example, maybe the doctor you’re suing made an error that a normal person wouldn’t understand. However, another medical professional can come to your defense and explain why this error is only the fault of your doctor’s.
How a Lawyer Can Help
If you’re filing for a medical malpractice case, you shouldn’t handle this without a lawyer. Because medical malpractice cases are so challenging, navigating the legal processes and gathering proof is difficult if you’re not already an expert.
But you shouldn’t hire just any lawyer. Find a lawyer who specializes in or has proven results in winning medical malpractice cases.
The Verdict Is In: Should You Sue Your Doctor?
Medical malpractice suits are hard to prove. But that doesn’t mean they’re impossible to win. Before suing your doctor, make sure you fully research your complications and ensure they’re 100% the fault of the doctor.
Then, consult with a lawyer. Follow their advice on gathering evidence and any legal arguments you’ll take.
Doctors win the majority of their cases. But if you’re sure your case can win over the jury and the judge, filing a medical malpractice lawsuit is worth it.