Medical negligence compensation claims can be difficult to prove and even harder to win. While successful medical malpractice suits usually make the news, there are millions of other cases that are lost for various reasons. However, losing a malpractice case in court is easier than it is to win. There are numerous challenges people face when presenting a medical malpractice case. Some common challenges include:
- Proving Negligence
It can be difficult to prove negligence when handling a malpractice case. The plaintiff’s lawyer has to rely solely on the medical reports and doctor’s notes. In some cases, the notes can be cryptic or even self-serving to the doctor. For this reason, your lawyer needs to work with a reliable team of doctors to understand where the plaintiff’s doctor may have gone wrong. Not a lot of doctors will readily acknowledge that they made a mistake. It takes a creative and smart lawyer to have convicting evidence of malpractice.
- Finding A Qualified Lawyer
Finding a lawyer who is competent in handling a malpractice case is the most important part of any negligence case. Cases of medical malpractice are considered specialized areas of law and thus there are not a lot of lawyers qualified to handle them. For you to stand a chance of winning, you need a lawyer who handles malpractice cases.
- Handling Medical Evidence
You need a negligence lawyer who knows how to handle medical evidence. A personal injury attorney may not have the requisite expertise.
- Handling Pressure from Insurance Companies
It is very hard for an insurance company to respect your lawyer if he shows signs of incompetence during the settlement process. They may refuse to make an offer if they deem the lawyer to be inexperienced in medical malpractice.
- Experienced Medical Practitioners to Work With
Most of the time, doctors refuse to work with malpractice lawyers as they do not testify against their own. The best lawyer will have his own team of doctors for his cases.
- Bearing the Cost of Litigation
The cost of taking a medical malpractice case to court is very high given that your lawyer will need a team of medical experts. An established medical malpractice lawyer may be able to bear the cost but a novice won’t. Whatever the case, either you or your lawyer needs to be in a position to meet the high costs of the lawsuit.
- Convincing the Jury of The Doctor’s Negligence
Generally, juries are tough when it comes to their stand on negligence cases. This ensures that doctors mostly win negligence cases when they go on trial. Legal experts and lawyers have different opinions about why jurors are tough medical malpractice plaintiffs. The reason jurors are hard on plaintiffs is believed to be because they understand that the field of medicine is hard. They also believe that there is no perfect way of doing things. Most doctors are believed to try their best. This is why doctors often get away with most medical malpractices.
Even so, it is important for you to have a lawyer who will plead to the jury for your case. With a good lawyer, the jury may believe your case and thus grant you a win and compensation.