The Keys to Winning a Medical Malpractice Case

Accidents happen in life, and though we try our hardest to avoid them, they’ll still occur. There’s only so much you can do to prepare for an accident, and you can often trust that the medical professionals in charge of your care after an accident have your best interests at heart.

But even that can be a risk at times. With medical errors on the rise, it’s no wonder that medical malpractice lawyers are prepared to get victims the settlements they deserve. With most medical malpractice suits settling out-of-court instead of going to trial, you many want to see if you have a potentially successful suit.

Here are a few ways you might be able to tell if you have a chance of winning a medical malpractice case:

Understand the challenges you face

In a medical malpractice suit, insurance companies and medical organizations are going to try to get you to settle for as little as possible out-of-court. And though a large settlement can easily be as big of a win for the plaintiff as going to trial, you should never take the first offer you get.

With this suit, you’re going to be pressured by insurance companies to settle quickly. Not to mention, there will be long hours of litigation, information gathering, and evidence to press the defense. You’ll be going up against skilled attorneys, since hospitals and healthcare professionals often have good lawyers in their back pocket.

But many times, it’s still worth pressing forward. If you have an experienced malpractice lawyer like Howard Fensterman, all of these things will be addressed swiftly and calmly. Just be prepared to go through all of it.

Quality and quantity of evidence

Although what happened to you was unfair, explaining it to the judge without any substantial evidence will cost you the case. From the moment you become aware of medical malpractice, start recording it through journal entries and photographs. Talk to eyewitnesses and hold on to medical documents that allude to the malpractice.

If you have not been keeping track of these things, try talking to people you remember being involved when the malpractice occurred. Many patients each year fall victim to medical error, but the ones with successful suits gather information as soon as possible. Having lots of quality evidence is ideal, but even one or two damning pieces is helpful.

Use the evidence to strong arm insurance

Even though every victim of medical error would like to see their negligent doctors behind bars, going to trial isn’t always the best avenue for a successful case. Sometimes, settling is the best option for the plaintiff if it grants them the funds to fully recover and move on. But, and this bears repeating, never settle for the first offer.

Review the evidence you were able to find and use that to strong arm the hospital or insurance company into the settlement your truly deserve. You can use this to get them to settle on your terms to avoid any jail time or sanctions from the medical governing body under which they receive privileges.

Consider other avenues for lawsuits

If, after reviewing your case, your lawyer comes to the conclusion that suing the medical providers is fruitless, consider other avenues for getting a decent settlement. If you were working and fell from one of the new Komatsu forklifts due to your company’s negligence, then you could sue your employer instead.

It may seem weird to turn away from those that harmed you and focus on someone else. But getting the settlement you need to recover is what matters most.