When a doctor or other medical professional fails to abide by the standard of care and injures a patient, the injured party can file a medical malpractice claim to seek compensation for their losses. When negotiations fail and a claim proceeds to trial as a lawsuit, it’s important for the plaintiff to understand the rights, options, and the likelihood of them receiving a monetary award for their expenses and suffering.
While every situation is different, there are factors we can look at to determine what the odds are of winning a medical malpractice lawsuit. Let’s start by taking a look at statistics from past cases.
Medical Malpractice Case Outcomes: Facts & Statistics
Researchers with the Clinical Orthopaedics and Related Research journal compiled twenty years of data of medical malpractice outcomes to examine the correlation between suspected patient injuries, lawsuits, and awarded compensation.
According to their findings, physicians win 80% to 90% of jury trials with weak evidence of medical negligence, approximately 70% of borderline cases, and 50% of cases with strong evidence of medical negligence.
In regard to the plaintiffs who won their cases and the reported data, 5% received a payout for diagnostic or treatment errors, 13% received a payout for surgical or procedural errors, and 27% received compensation for medication errors.
Based on those results, it can be challenging to build up the nerve to file a case. When you spend money and time on a lawsuit, you expect it to go in your favor. If it doesn’t, you may be in an even worse place financially. That’s why it’s crucial to work with an experienced med mal attorney. The more practiced and knowledgeable your attorney is in regard to medical negligence and proving fault, the better your chances are of achieving a successful verdict.
Common Medical Malpractice Lawsuit Obstacles
In order to receive compensation for your injuries, there are a number of obstacles you and your lawyer will need to conquer. The first involves ensuring you file your claim on time. Every state sets its own time limit for filing medical malpractice claims. In Illinois, patients have up to two years from the date the patient knew or should have known about their injuries to take legal action. If that statute of limitations is not met, the lawsuit can be dismissed without review.
Assuming you meet the statute of limitations, you’ll also need to produce a strong case. Your lawyer will need to compile evidence that proves you were wronged because of physician negligence. Depending on the situation, the difficulty of this varies. For example, it’s easier to prove negligence in a situation where a doctor leaves a medical implement inside a patient during surgery than it is to prove a doctor failed to diagnose a condition properly.
Once your case is built and your trial date is set, your attorney will guide you through the process and ensure nothing jeopardizes your chances of receiving fair compensation. They will also take steps to maximize your monetary award.
How to Maximize Your Chances of Winning a Med Mal Claim
Maximizing your compensation starts with following the litigation process step-by-step. This means starting with a demand letter. Too many plaintiffs skip this step and find themselves without a settlement offer or the expected verdict.
Your lawyer will access their resources to ensure an expert witness testifies on your behalf to explain, in their medical opinion, where they believe the defendant went wrong, and how the situation should have been handled.
In addition to expert testimony, your lawyer will also draw on your medical records and associated bills, lost wages information, and state and federal laws to prove you’ve wrongfully suffered.
Seek Legal Representation From Prince Law Firm
With how complex medical malpractice lawsuits are, it’s best to work with experienced legal representation. When you call on Prince Law Firm for help, we’ll work to build a strong claim on your behalf that proves you were wronged by a negligent physician.
In addition to how challenging med mal claims can be, it’s also important to note that the litigation process can take months or even years. In order to have the best chances of recovering full and fair compensation, it’s important to get in touch with Prince Law Firm as soon as possible after you believe you’ve been injured by a doctor.
When you contact us, we’ll set up a case evaluation to go over what you’ve been through and the merits of your potential lawsuit. Reach out today to learn more.