Facing Medical Malpractice Case Challenges

Law Blog

Filing a medical malpractice case can be a complex process. The complexity lies in proving claims, dealing with legal regulations, costs, and more. Below are a few common issues with medical malpractice cases that may be encountered.

Burden of proof 

Medical malpractice cases require the injured party (plaintiff) to prove that the healthcare provider's negligence caused harm. This typically involves demonstrating that the healthcare provider deviated from the standard of care and that this deviation directly led to the injuries or damages suffered. Gathering and presenting sufficient evidence to meet this burden of proof may require expert testimony.

Complex medical issues 

Medical malpractice cases can consist of complex medical issues and terminology. Proving negligence may require a thorough understanding of medical procedures, standards, and potential complications. Expert witnesses, such as medical professionals, are often necessary to explain the standard of care and establish the link between the provider's actions and the harm suffered.

Statute of limitations 

Medical malpractice cases have strict deadlines, known as statutes of limitations, within which a lawsuit must be filed. These deadlines vary by jurisdiction and may depend on the specific circumstances of the case. Speaking to a personal injury attorney that provides legal help for medical malpractice cases will ensure no deadlines are missed. 

Expert testimony

In many medical malpractice cases, expert witnesses are essential to establish the standard of care, explain the provider's deviation from that standard, and link it to the injuries or damages. Your lawyer will know the experts to call upon for help in technical medical matters.

High costs and expenses

Medical malpractice cases often involve significant expenses, including expert witness fees, medical record retrieval, court fees, and legal representation costs. Pursuing a case can be financially burdensome, especially if it takes months or years to resolve. However, contingency fee arrangements offer an incentive for lawyers to take up the cause. 

Reputation and bias

Healthcare providers and institutions often vigorously defend against medical malpractice claims. They may have the resources to challenge the allegations, dispute the evidence, and protect their reputation. 

The above are just a few common problems associated with filing a medical malpractice case. However, seeking justice for a medical wrong is important regardless of the challenges. Each case is unique, and the specific challenges will depend on the individual circumstances. It's crucial to consult with a knowledgeable attorney who can guide you through the legal process and help navigate these potential obstacles.

Reach out to a local medical malpractice attorney to learn more.


24 May 2023

injured at work? what do you do now?

Were you injured at work and fighting to get the workers compensation that you have paid into each year? Sometimes, getting those payments can be very difficult. What do you do when an employer fights the claim? Do you need a lawyer to help you through the process? How will you pay for a lawyer if you cannot even pay your electric bill? You are probably as lost as I was when I went through the process. Fortunately, you can learn from my experience with the system and find the answers to many of the questions that you have about filing a workers comp claim and fighting the system when it is denied.