Proving Fault in Medical Malpractice Cases is Harder than You May Think

medical malpracticeWhen someone you love has suffered injury at the hand of a doctor, you may feel that the case is cut and dried. After all, the doctor performed medical care, or failed to do so, and your loved one was hurt as a result. You’ve probably heard stories about people who won millions of dollars in medical malpractice cases, making you think your case should be easy too. Unfortunately, the majority of malpractice lawsuits favor doctors. If you are facing the reality of medical malpractice, it’s crucial that you have a skilled attorney on your side.

Proving Medical Malpractice

While it should be easy, the reality is that proving malpractice is much more complicated than you might think. In order to prove it, you must be able to:

•    Prove the doctor was negligent
•    Prove the doctor’s error was the full cause of your problem.
•    Convince the jury that negligence was the problem.

Unfortunately, this is hard to do.

First, all of the proof of malpractice lies in the doctor’s own notes, and those can be hard to decipher. Doctors also are only human, and if the doctor chooses a logical course of treatment for the condition, and that treatment causes pain or harm, then negligence is not present. Because treatments have risk, injury due to treatment is not considered a malpractice case.

In addition, most juries understand that doctors are not miracle workers, and practicing medicine is hard. Mistakes are going to happen. Convincing the jury to rule in your favor is not easy, because they have to be convinced that the doctor was truly negligence.

Medical Malpractice Cases Require Legal Representation

In light of these challenges, facing a medical malpractice case without a skilled lawyer is simply not a good idea. Talk to a medical malpractice attorney to discuss the details of your case and determine the best course of representation. With the right legal help, you can fight your case and prove negligence.

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