One of the boldest moves you can make is filing a malpractice case against a medical professional, especially if he’s backed by a big organization or hospital. According to MedicalMalpractice.com, only 21% of malpractice suits have resulted in the plaintiff’s favor. This proves that winning the case will not be easy.
The hardest part of a malpractice case is determining if your chances of receiving any financial compensation. You don’t want to waste your time in chasing a hopeless case. It does not matter if the doctor had actually been negligent. In the court, what’s more important is the evidence that will confirm the negligent behavior. That is why you need some legal assistance to win the case.
Finding the Right Lawyer
It is important to find a well-experienced medical malpractice lawyer to help you get your financial compensation. You can go to CPR Law Philadelphia Attorneys if you are looking for one. A malpractice lawsuit requires investigating lots of information to gather facts about the case. This is what your attorney will do. He will also present these facts, backed by evidence, to the jury or judge.
Proving Your Claim
It is essential to remember that a negligent action doesn’t need to be done on purpose for it to qualify as a malpractice. Accidental or unintentional prescription, surgery, etc. that has caused you injury can be used for a suit. To win the case, you need to be able to convince the jury or the judge about the validity of your claim. However, proving that a negligent service has actually been given to you will not be easy.
One of the biggest problems in proving a negligent act is in gathering information. Usually, you can get these pieces of information from the doctor’s notes and hospital records. But considering that you are filing a case against them, it’s a question whether or not they’ll be willing to give you all the information you need to have. Also, there have been many instances in which the evidence is tampered.
Other pieces of evidence you can use include the receipts given to you by the medical institution and another doctor’s verbal or written statement backing up your case.
Deciding the Settlement Fee
Another challenge you might face is in the valuation of your settlement fee. The defendant will try their best to lower the amount as much as possible. However, you should never take less than what is due to you. The court will arrange a jury trial to help decide the amount of compensation. The lawyers of both sides make a fair decision. You should be aware, however, that you’re not going to have anything if the defendant wins.
There are many reasons why people file for malpractice lawsuits. It can be that they need to be compensated for their financial loss. Others fight for it because they want to put an end to negligent medical behaviors. Whatever your reason is, you need a lawyer that can help you win the case.