Why are Malpractice Cases so Hard to Win?

Nearly 8 out of 10 medical malpractice cases go to trial; however, most are unsuccessful. Winning malpractice cases is often challenging for the plaintiff. Continue reading to learn why malpractice cases are so hard to win.

The Negligence Standard in a Malpractice Case

A medical malpractice case is filed against anyone acting in a licensed medical capacity. For example, it could be a nurse, physician, technician, or other medical professional.

The outcome of treatment of care does not directly imply that the healthcare provider had been negligent, which is a primary reason that makes it extremely difficult for plaintiffs to prove negligence in malpractice cases.

Since plaintiffs allege that the healthcare provider had committed malpractice, they bear the burden of proof. This means that the plaintiff has to provide sufficient evidence to prove they suffered injuries due to the healthcare provider's negligence. For that, the plaintiff must be able to prove the following:

• The defendant had a duty to provide reasonable care.

• The defendant breached that duty.

• The plaintiff sustained injuries as a result of the breach of duty.

• The plaintiff's injuries were a direct cause of the defendant's negligence, and they would not have been injured otherwise.

During the trial, the plaintiff must explain the entire situation to the judge or jury, who determines whether the defendant committed malpractice.

Why Are Malpractice Cases Hard to Win?

In medical malpractice cases, the plaintiff has to complete various steps and surmount various hurdles. For example, before a complaint is filed and served to the defendant, the plaintiff must seek a qualified healthcare professional who can review the plaintiff's case, determine whether malpractice caused the plaintiff's injuries, and sign the affidavit. Once the affidavit is signed by the healthcare professional, it should be attached to the complaint document and served to the defendant.

In some cases, the plaintiff's fault in the malpractice case can also lessen their chances of winning the case. For example, suppose it is discovered that the plaintiff who claims to have suffered injuries due to a treatment failed to disclose their complete or relevant medical history to the defendant. In that case, it can significantly reduce their chances of recovering compensation.

Explore the Possibility of Settlement

Having the malpractice case go to trial might not have a favorable outcome for you. Unlike other types of lawsuits, it can become more difficult to obtain compensation from the malpractice case once it proceeds to trial. However, if you have solid evidence for medical malpractice, you should feel confident to take the case to trial. Even though it is challenging, there is no doubt that some medical malpractice cases are successful.

You should consult with an attorney to explore the possibility of a settlement; even though there is no guarantee that the defendant or their insurance company will make a reasonable offer, you could negotiate for compensation. On the other hand, if you lose the case at trial, you would be left with no payment.

Hiring a Pittsburgh medical malpractice lawyer can help you navigate a medical malpractice case. The lawyer can assess the facts of your malpractice lawsuit and guide you on which legal option is best for your case.