The Challenges in Winning a Medical Malpractice Lawsuit

According to the American Medical Association, medical malpractice cases count approximately 225,000 lives every year. These cases include cases of unnecessary surgeries, hospital errors, infections, and more.

Cases of medical malpractice are difficult to win. There are many challenges in winning a medical malpractice lawsuit. In this article, some of the most common medical malpractice lawsuits will be discussed.

  • Finding the Right Medical Malpractice Lawyer

Unlike any other kinds of cases, a medical malpractice case is a complicated case. For this reason, not all lawyers may be qualified enough to handle your medical malpractice case. Therefore, finding the right medical malpractice lawyer is critical in helping you win your case.

You may be presented with a long list of selection when choosing your lawyer. Luckily, you will be able to easily find a good Philadelphia medical malpractice attorney and schedule an appointment to discuss the case.


  • Proving the Doctor’s Negligence


Given that they handled the medical operations in the first place, doctors will be considered as the ones with full knowledge about the case. Lawyers usually mainly rely on a doctor’s notes check for any medical miscalculations. However, a doctor’s notes are his or her properties. Even if the lawyer has the right to investigate on the doctor’s belongings, it will be difficult to detect the errors as the notes may be cryptic and self-serving.


  • Convincing the Jury


Most juries nationwide favor doctors in a medical malpractice case. This is because juries understand medicine is difficult. Therefore, operations may not always turn in a desirable outcome. Unless the mistake of the doctor is obvious and is proven with evidence, juries will most likely give doctors the benefit of the doubt.

  • Finding the Necessary Medical Experts

Almost all medical malpractice cases require medical experts to prove the doctor’s liability. While there are many medical experts that can help you in your case, finding one who will be willing to testify against a fellow doctor may be a big challenge.

Luckily, there are lawyers who have a team of qualified medical experts that will be available to help you in your case.


  • Gathering Medical Evidence


Most if not all medical malpractice cases can be tricky. Therefore, it’s essential for you to find a lawyer who is adept at gathering evidence. Ultimately, he or she should be an expert in analyzing complex medical evidence.

  • Dealing with an Insurance Company

When it comes to dealing with an insurance company, you will highly need the help of a medical malpractice lawyer. However, your lawyer must be an expert in this field. Otherwise, he or she will not earn the respect of your insurance company. In this case, it will be hard for you to make your insurance company agree to your proposed settlements.


  • Managing the High Cost of Litigation


Medical malpractice cases are expensive. This is primarily because of the cost of getting help from medical experts.

Final Thoughts

There are many challenges in dealing with a medical malpractice case. Regardless of these challenges, if you are on the right side and the other party is in the wrong, you will most certainly win the case.