Medical professional negligence victims are entitled to compensation. Unfortunately, many victims of medical negligence do not receive the settlement they deserve. Medical malpractice cases are not easy cases. Personal injury cases are never considered “easy”, but because it is so difficult for medical malpractice cases to be proven negligent, it is one of the most complicated areas of personal injury law.
What the Plaintiffs Need to Prove in Medical Malpractice Cases
A plaintiff must prove several elements in order to obtain compensation in a case involving medical malpractice. First, the plaintiff must prove that the defendant had a doctor-patient relationship with the plaintiff. This can be easily proved by medical records that prove the defendant was the plaintiff’s healthcare provider at the time of the medical error or other medical negligence.
This is the most difficult element in a case of medical malpractice. In a malpractice case, the plaintiff must prove that the defendant failed to provide the same level of care as another doctor in similar circumstances. Simply put, the plaintiff must prove that the defendant, whether a doctor, nurse, or another medical professional, made a medical error that a competent provider would not have made in those circumstances.
To win a case for medical malpractice, it is necessary to prove negligence. To win a medical malpractice case, the victim must prove that their injuries were caused by negligence on the part of the healthcare provider. These three elements must all be proved by “preponderance evidence”, which means that the jury must believe they are more likely to be true.
These Factors Make It Hard to Prove Liability in Medical Malpractice Cases
It is difficult to prove the three elements of a case for medical malpractice. It is difficult to prove medical malpractice liability due to a variety of factors, including:
Medical malpractice cases can be complex. People without medical backgrounds may struggle to understand the evidence. Even though the evidence is relevant to their healthcare, even the injured patient will struggle to understand it.
Medical malpractice cases can be difficult to prove because of the complexity of the evidence. Imagine how difficult it will be for a jury to understand complex medical evidence in a medical malpractice case if an injured patient is unable to understand their healthcare issues and medical records. Expert testimony witnesses are often used by attorneys to simplify complex evidence and make it understandable for jurors. It is possible for jurors to misunderstand some evidence regarding medical treatment and choose the defendant.
It isn’t very entertaining to listen to someone discuss complex medical records. The jury members may have difficulty paying attention to testimony from the medical expert because of this. They could lose important information if they allow their minds to wander.
Not having expert witnesses
Expert witnesses are crucial in cases involving medical malpractice. It can sometimes be difficult to find an expert witness willing to testify against a colleague doctor. Many in the healthcare industry would prefer to support their colleagues rather than oppose them in front of a large crowd. The best medical malpractice lawyers will be able to tell you who to call when expert testimony is required.
In most cases, personal injury lawyers pay for the expenses incurred during a case. The client then gets reimbursed with the settlement or courtroom verdict. Medical malpractice expenses are usually more expensive than other cases involving personal injuries. These expenses may be too expensive for some attorneys, so they might not have the resources they need to help their clients.
Juries Favor Doctors
Research has shown that juries are more inclined to support the doctor accused of malpractice than the victim. However, this does not mean it is impossible to win a jury trial. Studies have shown that juries will support the plaintiff if the case is presented in a manner that makes the malpractice appear obvious. The jury might give the physician the benefit of the doubt if the error is not obvious.
Linking negligence and Injuries
The plaintiff must prove to the jury that the doctor’s negligence caused the injuries. It is difficult to establish a link between your injuries and the doctor’s negligence. The defense will likely argue that there were many other factors that could have contributed towards the plaintiff’s medical malpractice claim and that the injuries they sustained were a “known danger” and that the plaintiff received informed consent to document these known risks.
A Medical Malpractice Lawyer can help you
Are you a victim of negligence by a healthcare provider? John Stenson is available to help you if you have been injured by a negligent healthcare provider at their medical facility. A medical malpractice case is difficult to win, so it’s important to have an experienced personal injury lawyer on your side.
Our medical malpractice team will tirelessly work to build a strong case to prove that your healthcare provider was negligent and caused your injuries. We will then fight for the non-economic and economic damage you deserve. California is our home, and Los Angeles is where our offices are located.
Contact us today to schedule a FREE consultation. You can either call the number below or fill out our online form. If we win, you don’t pay any fees.