Medical malpractice cases are among the most complex. Unlike traditional personal injury lawsuits, they come with their own special set of criteria and different rules pertaining to evidence and even the statute of limitations. Certain elements must be in place in order for a patient to be successful with a medical malpractice claim.
Medical Negligence Must Be Proven
First and foremost, the element of negligence must be present in order to prove medical malpractice. If a doctor or other medical professional treated a patient and deviated so far from the norm while providing care, or made a diagnosis or treatment mistake that another professional would not have overlooked, it serves as proof. The plaintiff’s personal injury attorney is usually required to work with other doctors and medical experts who can definitively explain what the defendant did or should have done to prove they were negligent.
The Jury Must Be Convicted Of The Negligence
In many medical malpractice cases, the doctor ends up successful if the case goes to trial. There are many reasons why this happens, but generally, the biggest may be due to the lack of medical knowledge among members of the jury. Jury members also know that practicing medicine is hard work, and some decisions made by doctors may be made in good faith but don’t necessarily have a good outcome. At the same time, they also acknowledge that not all patients will have a positive outcome depending on their situation and medical condition. Often, the jury will decide the doctor did not commit medical malpractice as long as they didn’t make an overtly obvious error, such as leaving a foreign body inside a patient after surgery. In other words, the jury may choose to give the doctor the benefit of the doubt.
As a result, having medical experts on hand who can testify and convince the jury that the doctor indeed committed medical negligence is the key to the plaintiff winning their medical malpractice case. Medical experts know the ins and outs of the medical profession and can prove beyond a reasonable doubt that the doctor was negligent.
The Plaintiff Must Have an Attorney Who is Well-Versed in Medical Malpractice Cases
Another important component to ensure success in a medical malpractice case is that the plaintiff has an attorney who is qualified in the area of malpractice. These cases differ from regular personal injury cases as they are highly specialized. The best lawyer will take the time to go through all of the evidence, including the medical records, and seek the help of medical experts who can provide strong testimony to prove the case.
These are the various challenges of winning a medical malpractice case. All of these elements coming together can mean success for an injured plaintiff. If you’re looking for a law firm that is well-versed in medical malpractice cases, contact Fellerman & Ciarimboli today!