Medical malpractice lawsuits are complicated and this is what makes them difficult to prove and win. This is hard to believe especially when you watch the news and constantly see people winning millions and sometimes even billions of dollars in Hyannis medical malpractice lawsuits. However, what you don’t regularly see in the news is about the people who lost their lawsuits. It’s not unusual for people to lose medical malpractice cases at trial. In fact, a majority of the cases result in defense verdicts, meaning the doctor won the trial. Let’s look at three challenges that you might face in your medical malpractice lawsuit:
Proving the Doctor’s Negligence
Proving a doctor was negligent can be very difficult. Your Hyannis medical malpractice lawyer will have to rely on the doctor’s notes to interpret whether or not they acted negligently. Since the doctor might very well only have notes which are self-serving, your lawyer has to hire an expert witness. In this case, they would have to look for a doctor with similar qualifications to determine if what your doctor did was medical malpractice.
It’s very rare to come across a doctor who will accept that they did a mistake. You can Google as much information as you want about the many ways that your doctor could have handled the situation differently but your efforts might be futile. Your lawyer has to be very creative in order to coax the doctor to admit his negligence.
Convincing the Jury that the Doctor was Negligent
Doctors win a majority of medical malpractice cases when they go to trial because juries are very tough on plaintiffs. Often juries believe that medicine is not easy and there is no one way of doing things. They believe every doctor is different and has their own way of doing things therefore most of them try their best to treat their patients but the outcome is not always what’s expected.
Unless your doctor made an obvious mistake such as performing open-heart surgery with dirty instruments, the jury will give the doctor the benefit of the doubt.
Finding a Qualified Medical Malpractice Lawyer
Finding a qualified medical malpractice lawyer is your best bet at winning your Hyannis medical malpractice lawsuit. Not many lawyers have specialized in medical malpractice so you have to find a lawyer that specializes in the area. They do not need to solely specialize in medical malpractice but they need to have extensive knowledge and experience working these types of cases. Some of the reasons you should get a lawyer include:
Complex Medical Evidence
As mentioned earlier, medical malpractice is a very complicated field because of all the complex medical evidence involved. A medical malpractice lawyer with enough experience knows how to deal with those issues more than the average personal injury lawyer.
They Can Negotiate with the Insurance Company
Not a single insurance company will take you seriously if you represent yourself. Perhaps the only exception would be if you have the expertise and skills to negotiate medical malpractice cases. If not, you are better of letting a lawyer handle the case for you.
They Can Get Medical Experts
It can be very difficult to persuade a doctor to testify against their fellow doctors. Most of them prefer to stay as far away from medical malpractice cases as possible. Your medical malpractice lawyer on the other hand knows where they can find an expert witness to testify in your case.
High Cost of Litigation
Medical malpractice lawsuits are not only expensive but they are also time consuming. Your lawyer knows this and they are willing to cover the costs of your case, which could easily reach tens of thousands of dollars. Unless you have that kind of cash lying around, you may not be able to cover the necessary costs needed to effectively pursue your case.
Hire an Experienced Hyannis Lawyer for Your Medical Malpractice Lawsuit
Our medical malpractice lawyers at Kevin P Landry Law Offices know the Massachusetts court systems and laws governing cases like yours. We offer free initial consultations to help determine whether potential clients have been victims of medical malpractice. We will advise you of your rights and what you are entitled to receive should we find that you have been a victim of malpractice.
You can drop by our offices in Hyannis for a free initial consultation or you can call us at 508-775-1660 today.