Unfortunately, medical malpractice lawsuits are among the hardest cases to win. Knowing you will face many obstacles, it is imperative that you hire an attorney who has years of experience handling medical malpractice cases. Otherwise, you will likely fight an uphill battle only to lose.
Although you will face numerous challenges in trying to win a medical malpractice lawsuit, four in particular stand out. First, more than likely. doctors, hospitals, and clinics have deeper pockets than you do, meaning they have more money for defense. Second, some of the current laws are written in support of medical professionals and facilities as opposed to the patients. Third, you have to prove your case, showing negligence. Fourth, you must convince a jury that the medical professional or facility was, in fact, negligent.
The majority of plaintiffs in medical malpractice lawsuits lose. Of the four challenges mentioned, proving a doctor, other medical professional, or facility was negligent is the most difficult. Obviously, no one is going to admit fault. This is where your attorney will use expertise to gain access to key evidence in the form of medical records, doctor’s notes, and so on.
The second biggest challenge is trying to convince a panel of jurors that the defendant was negligent. The fact is that many people place medical professionals in high regard. That coupled with the fact that fraudulent medical lawsuits are on the rise, jurors are often tough on plaintiffs. This is where your attorney comes in with expert witnesses and evidence, helping jurors understand why the case is before them, what the mistake was, and why you deserve to be monetarily compensated.
Your attorney will also handle complicated medical evidence, pressure from the insurance provider, and medical experts on the defendant’s side. As for medical evidence, malpractice cases often involve complex medical issues. Not only do you need to hire a personal injury attorney who has a history of dealing with this type of evidence, you want someone who will spend time researching your illness to gain as much insight as possible.
There is also the defendant’s insurance company, which will do anything and everything to avoid paying. Even if your attorney recommends a fair settlement, you can expect the insurance company to turn a deaf ear. However, a seasoned attorney who deals with medical malpractice cases will be aware of methods for getting through to the insurance provider.
Just as your attorney will bring in medical experts to speak on your behalf, the defendant will also have medical experts arguing their side. The problem, especially in smaller or tighter communities, is that many doctors, nurses, and other medical professionals do not want to get involved in a medical malpractice case. The reason is that if they were called on as a medical expert, they are put in a position of talking about and even disagreeing with their own colleagues.
Your best hope for winning a medical malpractice lawsuit or agreeing on a settlement is with the attorney that you hire. This is why you need to choose a personal injury attorney who has solid experience in this area of the law.