How Difficult is Medical Malpractice to Prove?

Cases of negligence in the medical field are complicated because the field is governed by a different set of laws compared to other classes of civil cases. Legal issues touching the field of medicine usually call for experts to give testimony on behalf of each side.

The cases may also include special laws like time limit for filing and damages limits. Above this, claims from clinical negligence carry a unique weight of evidence for the offended party- in this case, the injured person.   

Associating the injuries to the doctor’s negligence

Providing proof for medical malpractice cases is only one part of the victory. The prosecutor must prove the sustained injuries directly resulted from the doctor’s failure in his duty. The doctor’s defense team can take a different line of argument and say it is impossible to prove if the condition of the accuser resulted from failure on the part of the doctor. 

Another line of argument from the defense team could be the consideration of other factors like the condition of the complainant could have been caused by their negative lifestyle or defective genetics. 

For example, a doctor tests a patient for leukemia and confirms negative, but they were positive. The patient can sue the doctor who first diagnosed them and argue they could have been put on medication before deteriorating. The defense could argue there is no proof to show the medication would have made the complainant better. 

Complicated evidence

The proof to be given in clinical negligence cases is difficult to collect and amazingly complex. As a result, complainants who have no medical knowledge may not understand how such cases are handled. 

The complicated nature of medical malpractice may not only prove hard for the victim to understand, but even the judges may require help to understand the medical processes to be able to give a fair judgment.

Lawyers often depend on medical experts during witness time to rise and clarify the processes to a level that the judges can understand. Despite this, the judges may still misunderstand part of the evidence provided and rule in favor of the defense. 

Insufficiency in specialist witnesses

A specialist witness is critical in cases involving medical malpractice. Nevertheless, it is often difficult to get a specialist witness with the willingness to give testimony in odds with a fellow in the same practice. 

A majority of practitioners in the medical field would take preference to show support to their fellow doctors than standing to witness against them in a court of law in the presence of other witnesses. 

Furthermore, many attorneys may not have contacts of medical specialists they can call to come and help give weight to the evidence presented before the court.

It’s hard convincing the judges

The prosecutor may present all the strong evidence before the bench of judges and hope that the ruling will favor the injured. In most cases, the judges seem to give the medical expert some benefit of the doubt. 

Unless the prosecutor provides a piece of obvious evidence before the court proving the doctor’s negligence, most judges will be hesitant to rule in favor of the prosecution. 

For the accuser to win the case, the prosecutor and his team must provide an undoubtedly and persuasive argument that gives the judges no alternative except ruling in favor of the injured. 

Cost implication

As part of good service to customers, most lawyers will not ask for their fees upfront until they win the case. After they receive the injured person’s compensation, they deduct their fees and give the balance to the injured. 

Usually, cases involving medical malpractices attract high fees. If the lawyer is not well off financially, they may be unable to cover the costs related to the case. 

Lack of financial power on the part of the lawyer means they cannot help the injured win the case. The injured is left with the option to either seek another attorney or let go of the case.

 

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