Why Medical Malpractice Cases Are Difficult To Win

Medical Malpractice Attorney

If you have suffered harm while under a medical professional’s care, you have the right to pursue a medical malpractice claim to recoup your losses. However, medical malpractice cases tend to be very complex. There are multiple challenges that come with these cases, so it is important to have an experienced medical malpractice attorney on your side.

Here are a few reasons why medical malpractice cases are difficult to win.

Proving Medical Negligence Is Tricky

Proving negligence in accidents like car crashes and slip and fall accidents can be pretty straightforward. However, it is more difficult to prove negligence in a medical malpractice case. In order to establish that negligence occurred, you must the the medical professional owed you a duty of care, breached that duty, the breach caused your injury and that resulted in damages. Medical malpractice cases rely heavily on medical experts to assess the doctor’s treatment and demonstrate what the doctor should have done instead. Even if a medical expert provides a convincing argument, the defense may bring up other arguments, such as how your lifestyle choices could have contributed to your injury.

Complicated Evidence

The evidence in a medical malpractice case may be so complex that individuals without medical degrees might not understand it. The jury may have difficulty interpreting your medical records. While a medical expert can talk about the evidence in court, the jury may still have trouble understanding everything. The jury may let their mind wander during the testimony and miss out on critical information regarding your case.

Lack of Expert Witnesses

In order to have a successful medical malpractice case, you must have expert witnesses on your side. However, these witnesses are not so easy to find all the time. Some professionals in the medical industry prefer to support each other instead of going after them in court. However, an experienced medical malpractice attorney may still be able to get in touch with a qualified medical expert for your case.

Juries Trust Doctors

Since doctors have such an important job to perform, many people hold them in high regard. This may be another reason why medical malpractice cases are difficult to win. Juries may believe that all doctors are competent and trustworthy and give them the benefit of the doubt. However, a skilled medical malpractice attorney may still be able to convince a jury that a doctor was indeed negligent and harmed a patient.

Importance of Hiring a Skilled Medical Malpractice Attorney

Because medical malpractice cases are so complex, it is crucial to have an experienced medical malpractice attorney, like one from David & Philpot, P.L., on your side. An attorney can help you gather evidence, identify medical experts and negotiate with the defendant’s insurance company. He or she will know the true value of your case and improve your chances of obtaining the compensation you deserve. Schedule a meeting with a qualified attorney today to talk about your medical malpractice case in detail.