Medical malpractice is one of the most complex areas of personal injury law—mainly because it is so difficult to prove negligence in these cases. No personal injury case is ever considered an “easy” win, but this is especially true for medical malpractice cases.
The Factors That Make Proving Liability Difficult in Medical Malpractice Cases
Several factors make it harder to prove medical malpractice liability, including:
Complex Evidence
The evidence that is presented in medical malpractice cases is incredibly complex, so people without a medical background may find it hard to understand. Even the injured patient themselves will have a hard time interpreting the evidence even though it is related to their healthcare.
The complex nature of the evidence is one of the main reasons why medical malpractice cases are so complicated to prove. If an injured patient cannot understand their own healthcare complications and medical records, imagine how hard it is for the jury to make sense of this complex evidence in a medical malpractice claim. Medical Malpractice Attorney California usually relies on expert testimony witnesses to take the stand and simplify the evidence in a way that the jurors can understand.
Lack of Expert Witnesses
Expert witnesses play an important role in medical malpractice cases. However, it is sometimes hard to find an expert witness who is willing to take the stand and testify against a fellow doctor. Many people in the healthcare community would rather support their colleagues than go against them in front of a courtroom full of people. Fortunately, the California Pharmacy Attorneys will know exactly who to call when the need for expert testimony arises.
The Cost
Personal injury attorneys usually pay for expenses that arise during a case and then get reimbursed through the compensation that the client is awarded in a settlement or courtroom verdict. However, the expenses that arise in medical malpractice cases are typically much higher than those incurred in other personal injury cases. Some attorneys may not be able to cover this expense, which means they won’t have access to the tools they need to build the strongest case possible for their clients.
Juries Favor Doctors
Studies have shown that most juries tend to side with the doctor accused of medical malpractice instead of the victim of the medical provider. This does not, however, mean that it’s impossible to win a jury trial. These studies have shown that juries will side with the plaintiff as long as they have presented the medical negligence case in a way that makes the malpractice seem like an obvious medical mistake.
Linking the Injuries to Negligence
The plaintiff must convince the jury that the doctor’s negligence contributed to the injuries they sustained. But, creating this link between the doctor’s negligence and your injuries is challenging. To challenge your medical malpractice claim, the defense will most likely argue that many other factors could have contributed to the plaintiff’s condition and that the injuries suffered were a “known risk” for which they received “informed consent” documenting the known risks.
Get Help from an Experienced Medical Negligence Attorneys
It’s not easy to win a medical malpractice case, so you will need an experienced personal Top Medical Malpractice Attorney in your corner.
Our medical malpractice law team will work tirelessly to build a strong case that proves your healthcare provider’s negligence directly led to your injuries. Then, we will fight for both the economic damages and noneconomic damages you deserve.
Call us today for a free consultation with Marcarian Law Firm.
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