Winning a medical malpractice lawsuit is not easy. The complex system of justice is to be blamed, and so is the difficulty of obtaining medical evidence.
“What are the odds that I’ll win this medical malpractice lawsuit?” Any experienced medical malpractice lawyers will tell you that the odds are slim unless the evidence of malpractice is strong.
So, before you get excited about potentially winning millions by winning the lawsuit, let us help you get a more realistic view of things. Unfortunately, the internet search might get your hopes up too high, but that’s what we’re here to fix.
What are some of the main challenges?
Although the challenges may vary from case to case, some of the frequently highlighted ones are:
- Proving medical negligence by a doctor
- Proving that the doctor was wrong
- Finding an attorney that can guide you with the right perspective
The courtroom isn’t the only place where you can resolve medical malpractice lawsuits. Some don’t ever go to trial. What exactly are your options when you file the lawsuit? Let’s explore.
- Negotiate a settlement with the medical professional with the help of a professional attorney out of court
- Take your case to the jury and let them decide.
The process of a medical malfunction
What happens after you file the case is exactly what influences your chances of winning the malfunction case, so it’s important to be familiar with each step.
Once you file the case, the defender will be notified and the process of discovery will begin. This is a crucial step as this is when evidence and information are collected. You can either make or break your case at this point.
Your attorney will need to hire experts in the medical field who can verify your case and give their opinion on the negligence.
A medical witness will attest to both sides and investigate further details. Medical witnesses will be able to judge the standard of care that was provided to the patient and provide their verdict. They will also be able to determine the injuries caused by medical malpractice.
It is important to note that a medical malpractice lawsuit will only proceed if the medical witness concludes that there has in fact been medical negligence on part of the practitioner.
Once the case is established, there will be attempts to settle the case outside of court. The defender’s lawyers will do their best to minimize the settlement amount and avoid going to trial as it may be very costly for them.
However, if you are not satisfied with the settlement amount, then your lawyer will find a way to take the case to trial.
Know that almost all medical malpractice cases (90% of them) are settled out of court because that cuts down costs. Only when neither party can come to terms and agreement is the case taken to court, which is mostly the less preferred option.
This is a much faster and secure route as instead of leaving fate in the hand of jurors, you are in control and can directly negotiate with the defender.
The outcomes of medical malpractice lawsuits in USA
When the evidence against the medical practitioner is weak, physicians tend to win 80-90% of the cases, studies and research suggest. In fact, even with strong evidence of medical malpractice physicians have won 50% of the lawsuits in the past.
The weaker the patient’s evidence is, the lower the settlement amount, hence both of them are correlated. That’s exactly why you need an experienced lawyer on your side who can collect strong evidence so you can win the lawsuit.
Generally, it takes around six months to a year before you get to know the result of your lawsuit, given the burden of America’s justice system. The settlement will take time, so be patient. Although, it can get difficult for some families struggling financially but if your case is strong it’s worth the while to take a stand.
How to prove medical negligence- evidence collection
The most important step of filing a lawsuit is having strong evidence, as you can tell by now. So how exactly does one make sure that their evidence is strong? It’s difficult but essential. Your lawyer will have to get creative and make sure all bases are covered. However, even this might not exactly play in your favor as the strongest evidence is the doctor’s notes and records from the visit which would be biased as they are written by the doctor himself.
Understand that a doctor will never accept that they didn’t do their job right. There is more than just one way to treat an illness, and they might cash in on that.
What a lawyer can do however is consult other medical professionals who could help identify what alternate treatment could have been adapted by the doctor.
Improve your chances
Having experienced lawyers and a medical team supporting your case can play a huge role in helping you win the lawsuit, so make sure you trust the right people to represent you.