How Hard Is It to Win a Medical Malpractice Lawsuit?


A lot of medical professionals help patients every day, but some of them can make mistakes while they care for their patients. If you have sustained an injury due to medical errors or negligence, you may be wondering if you have a case and have a chance of winning it. Winning a medical malpractice case can be challenging because the insurance company of the medical expert in question will do everything to defend their clients. This is the reason you must schedule an initial consultation with an experienced medical malpractice attorney who will present enough facts and evidence in your favor. 

Elements You Must Show

To increase your chances of winning your medical malpractice lawsuit, you must demonstrate that the following took place:

  • Relationship. You must show that you are the patient of the doctor you are suing. But insurance companies may challenge this claim by saying you were no longer under the care of the doctor or that the doctor was just one of many doctors who handle you. 
  • Standard of care. To prove that the doctor made a mistake when they treated you, you must prove that the treatment they offered did not meet the standard of care accepted in the medical industry. 
  • Cause of injury. You need to demonstrate that the doctor’s non-traditional standard of care caused your injury or illness. 

The Challenges in Proving Your Case

The complexity of medical malpractice cases has to do with the following:

  • Jury trial challenges. It’s important to pick a lawyer who has been handling medical malpractice lawsuits. This way, you can be sure they understand medical terms and procedures. The knowledge, demeanor, communication skills, and personality of your attorney can be essential factors to help the jury understand your case. Also, your attorney should convince the jurors that the doctor in question made a serious medical mistake. They may look for medical professionals who will give testimony and explain how the doctor committed a mistake.
  • Filing a lawsuit. You need to follow some steps to initiate a legitimate malpractice claim. It’s essential to have a lawyer who understands the law that applies to lawsuit filing and can give you advice. A good attorney will fight for you each step of the way.

Winning a medical malpractice case can be hard. However, as long as you have all the important facts and evidence and a lawyer you can trust, you will have a good chance of winning a favorable settlement or verdict.