The Challenges Presented By A Malpractice Lawsuit

By Seeking Justice | December 30, 2015 |

When you decide to bring a malpractice lawsuit against a medical professional or organization, you could be in for an unexpected ride. According to, only 21 percent of malpractice suits that go to a jury trial come out in favor of the plaintiff. On the other hand, 61 percent of settlements fall to the plaintiff’s favor.

The difficult part is in understanding if you are entitled to financial compensation, or if you are wasting your time. You may think that the doctor delivered negligent service, but it may turn out that the doctor was right. Since you are not a doctor, you will need some experienced legal help to win your case.

Your chances of success also depend on where you live. According to Becker’s Hospital Review, New York, Pennsylvania, and California are the top three states for malpractice payouts. The state of New York actually had more money paid out in malpractice lawsuits in 2012 than Pennsylvania and California combined. All told, there is an average of around $4 billion paid out each year to malpractice victims. If you feel like you deserve a part of that payout, then you need to understand the challenges ahead of you.

Finding The Right Lawyer

Aside from having a good case against your medical professional, finding a good medical malpractice lawyer is essential to getting any financial compensation. A malpractice lawsuit is going to contain a lot of information that you have never heard of before, and your attorney will need to be able to cut through it all to get to the facts. Not only that, but your attorney has to present your information in a way that a judge or jury will understand. Without the right lawyer, your case is in trouble from the start.

Able To Prove Negligent Service

The big reason why you need the right lawyer is because you need to be able to prove that you were given negligent service. It is important to remember that this negligence does not need to be intentional to be able to bring up a malpractice suit. Simple mistakes that cause you injury can be brought up in a suit, and bring you financial compensation.

The issue with proving negligence is being able to collect information that proves that your medical professional did something wrong. Many doctor’s offices and medical facilities have transitioned to using digital notes instead of relying on the often incomprehensible handwriting of the doctors. This can work in your favor, provided the notes give clues to any improper actions. More than likely, your lawyer will need to get tests done by their doctors to put together a case that can stand up in court.

Convincing A Jury

Many plaintiffs in malpractice suits feel that a settlement is not going to cover their financial needs. In those cases, a jury trial is arranged to help decide the award. But it is important to remember that in any malpractice case, you could be looking at getting nothing if the medical professional prevails. As we mentioned earlier, only 21 percent of jury trials go in favor of the plaintiffs. Unless you can prove gross negligence on the part of your doctor, your case may fall apart.

People file malpractice suits for a variety of reasons. The two most common reasons are for financial compensation, or to stop a negligent health care provider from hurting more people. No matter your reason for bringing your case to court, you need to understand why it is important to choose the best lawyer to represent you and your family.

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