Medical Malpractice litigation is pretty cut-and-dry when it comes to the procedure, but things can pop up in the various stages of litigation that can work against the victim, otherwise known as the patient or plaintiff. Here are a few of the most common things that go wrong in medical malpractice cases for the prosecuting side that can make the case more complex, long-winded, and difficult to win.
1. Not Having Proper Medical Documentation
Proving negligence requires medical, and essentially scientific, documentation that provides both a quantitative and qualitative view of what happened and what has resulted from said negligence. If you don’t have supporting evidence, like medical tests from doctors after the one you are seeking damages from, that can testify to the disability, pain, suffering, or increasing physical struggle you are experiencing, you will have trouble moving forward with the case. It must be proven beyond a reasonable doubt that you have sustained lasting negative effects from what occurred during the alleged incident of negligence.
2. Not Hiring the Right Legal Representative
Lawyers are as common as leaves, and choosing the right one is critical to winning your case. Hiring a medical malpractice lawyer who specializes in this particular type of law and is aware of the ins and outs of the litigation process, your expectations of them, and the likelihoods around the corner is the safest bet for getting the best possible outcome.
3. Not Having Witnesses
This ties in with #1 listed above, but witnesses are crucial to proving your case. These can range from nurses and other medical professionals who were in the room and are willing to attest on your side to the negligence (which is rare because of their job security, but not impossible), other doctors who treated you after the incident and documented your decline, and family members, friends, or employers who can attest to your suffering, inability to perform, and loss of employment.
4. The Cost of the Case is Daunting
Some Medical Malpractice cases can continue for what feels like forever, for reasons that range from clogged case loads for courts to the financial privilege of the doctor that allows for them to somehow stall the case into the unforeseeable future, though if a doctor is ethical, one would hope they would seek settlement rather than do such a thing. The bottom line is that lawsuits are expensive for everyone, and you may find yourself not only discouraged, but in even more debt once you are deep into a complicated case with no foreseeable ending. A good lawyer will make you aware of the possibilities and costs up front, including the costs of appeal litigation if the initial ruling is not in your favor.
Medical Malpractice lawsuits are expensive, exhausting, and stressful for all parties involved, no matter who is at fault or what the reality of the situation is. The best thing you can do as someone seeking compensation through legal means is to hire the best lawyer possible with familiarity in the area of law and rely on them for guidance if things are not going well.
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