Medical malpractice lawsuits are notoriously difficult to win. Though the million dollar settlements are the ones that are reported to great fanfare in the news, they are vastly outnumbered by the thousands of cases that are decided in favor of the health care provider.
It is often very difficult to prove, and then convince a jury, that a doctor committed malpractice. Jurors understand how difficult medical practice is and often give medical professionals the benefit of the doubt. In addition, medical situations often have multiple decisions and diagnoses that are acceptable, so it can be very difficult to prove that the doctor’s action was irresponsible or unreasonably wrong.
To go along with the low success rate of malpractice cases is the high cost to prepare them. Your lawyer will need to get the testimony of medical professionals, and this can be extremely expensive, costing tens of thousands of dollars for a single expert.
If you have been negatively affected by the treatment of a doctor or health care provider, you should understand the challenges before going ahead with a lawsuit. There are winnable cases of medical malpractice, but they are not the norm. Our attorneys at Bighorn Law can help walk through the process with you and tell you if you have a strong case. If you are a victim of medical malpractice, we will do everything in our power to get you the justice that you deserve.
What You Need to Prove in a Medical Malpractice Case
According to AllLaw.com, you must be able to prove that:
- The doctor was negligent
- The negligence caused your injury.
First you will have to prove the doctor’s negligence. To prove negligence, you will need to show that your doctor did not act in the way a similarly trained doctor would have acted. Your lawyer will need to gather testimony from medical experts that describe what the correct medical decision would have been and why your doctor’s decision was unusual and wrong. The defense will most likely gather its own team of medical experts who will describe why a similarly-trained doctor could have made a similar decision.
If you can prove, and then convince the jury, that your doctor did not act reasonably or exercise a reasonable amount of care, you will next have to prove that this negligence is what caused your injury. The challenge is proving that your injuries were not a natural result of your medical condition or illness. You must show that the injuries were directly caused by your doctor’s mistakes. This will also require testimony from medical experts, and that testimony will probably be contested and refuted by the defense as well.
Clearly, medical malpractice cases are not a walk in the park. To win one, you need an experienced and resourceful legal team that can bring together a strong team of experts and describe the medical facts clearly and accurately. Our attorneys at Bighorn Law have years of experience in medical malpractice, and we can help you get the compensation you’re owed.