Five Things To Be Aware Of In Medical Malpractice Cases
You left the hospital feeling worse than when you were admitted
. The staff was rude and inattentive, you waited for hours to receive your medication, and the specialist showed up only after you complained to social services. Does that mean that you may be entitled to damages for medical malpractice of the hospital staff? The answer depends on many variables and you need to get in touch with
medical malpractice lawyers in your area to see if you have a valid cause of action for negligence.
1. Juries are biased in doctors favor
Unfortunately the damages that the injuries award often has little to do with the seriousness of the injury. Likewise, the juries sometimes tend to rule in favor of the party they like, and when faced with a defendant, who is a well-respected physician, with 30 years of experience, they tend to be more disposed to dismiss the case against him. In other words they rule based on preferences and emotions, not on the circumstances and evidence of the case. Medical malpractice lawyers on both sides of the lawsuit realize the potential for jury bias and tend to take special care in picking the juries to ensure that the jurors will be more favorable to their side of the lawsuit.
2. Unfortunate result is not always medical negligence
Physicians being sued for malpractice often testify that without their treatment and care the patient would have died, and they did what was necessary to make sure the patient survives. Likewise, the drugs they prescribe to treat the condition, will not necessarily cure the patient. So if the patient stays the same or gets worse after beginning to take the new drug, it does not automatically mean that the doctor is liable for his health not improving.
3. The Summons and Complaint needs to include Certificate of Merit
One can no longer file a claim against a physician without first consulting with another practitioner or specialist about the merits of the case and possibility of recovery. Failure to include the Certificate of Merit, in which the medical malpractice law firm, representing the injured party, affirms that they have consulted with an expert, may lead to the case being dismissed.
4. Medical malpractice litigation is expensive
These days a bad review can ruin the medical practice and doctors are very conscious of public opinion, as well as the effect any medical malpractice lawsuits will have on their insurance premiums. Therefore, few are likely to settle early in the litigation, meaning the case can linger for years and cost the plaintiff thousands and thousands of dollars, especially if any experts need to testify. Discuss the possible costs of the litigation with your attorney before making the decision to proceed.
5. Incomplete medical records
The expert reviewing the injured partys case together with his attorney needs to have access to all of the clients pertinent medical records, including all diagnostic tests, lab results, blood work, etc. The bad result on which the plaintiff relies in bringing an action can sometimes arise due to a pre-existing condition, drug interaction, which was necessary to treat a patient and multitude of other reasons. In other words, the physician, who is a defendant in a lawsuit, will most likely testify that prior medical problems of the patient led to the bad result, not his negligence. It is important to look at all the records to make sure there is clear negligence on behalf of the doctor leading to an injury.
Medical malpractice attorneys are trained to carefully review the evidence and are able to discern the cause of their clients pain and suffering.
by: Frank Torres
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