When We Fight, We Fight To Win

What makes malpractice cases against doctors hard to win?

On Behalf of | Jan 3, 2024 | Medical Malpractice

People file medical malpractice lawsuits for many different issues. Sometimes, new parents request compensation because they believe medical professionals caused their child’s birth injuries. Other times, those who lose a loved one because of a massive mistake during the surgery might allege that the tragedy involved medical malpractice.

Most hospitals and medical professionals carry medical malpractice insurance to protect against patients’ allegations financially damaging the organization. However, patients struggling with major losses after a medical mistake may find that it is quite difficult to pursue a medical malpractice claim. What makes a malpractice claim so difficult to win?

Patients may lack necessary knowledge

People seek out professional medical care because they are not experts on human anatomy and current medical treatment options. They rely on a physician to determine the underlying cause of their symptoms and recommend the right kind of care. They may have a difficult time recognizing when a doctor did not perform their job in a professional manner.

Care standards and best practices for different categories of medical specialization are crucial for patient protection. Individual patients may be unfamiliar with the standards that might apply in their case. It may only be the negative outcome of their care, rather than specific mistakes, that makes them suspect medical malpractice.

Patients and grieving family members often need to consult with an outside medical professional to establish that a doctor deviated from best practices and a lawyer to determine if they are in a position to take legal action. It can be difficult to prove that a physician did something that another doctor would not have done. It can also be difficult to prove that their worsening condition was the result of a doctor’s choice or negligence.

Injured patients may depend on internal records

Physicians and their employers are well aware of how costly medical malpractice can be. Therefore, they may choose to obfuscate the truth when maintaining internal records. Misrepresenting a situation or choosing to not include specific details in someone’s medical records are both ways for individual healthcare practitioners and medical facilities to attempt to limit liability for malpractice incidents.

Patients may have a hard time getting adequate supporting evidence showing that a physician made a mistake or did something negligent while providing their care. The average person already coping with the loss of a loved one or a major medical incident likely does not have the knowledge or personal resources to handle investigating and negotiating with a corporate entity.

Thankfully, although winning a medical malpractice case can be challenging, seeking legal guidance during a medical malpractice claim can help people obtain the right evidence, validate that malpractice occurred and demand justice for their own suffering or what happened to a loved one.