Most of us head to the medics when our health fails. But what does one do when the medical practitioners fail us? Medical malpractice is not a new thing and every year, many families face the brunt of it. Medical malpractice is when a medical provider, usually a physician, commits an act of negligence. It is defined as doing something that a competent medical professional would not have done or neglecting to do something that a competent medical provider would have done. There are several laws in place to protect a citizen from the vices of medical malpractice. Hastings Law Firm, Medical Malpractice Lawyers are renowned for their expertise in this area of the law. If you have been wronged by medical professionals, and are wondering what are the odds of winning a medical malpractice lawsuit, here is all that you need to know.
- They Are Rampant: According to the National Practitioner Data Bank, there were 129,749 practicing physicians in California, Texas, Florida, and New York between 2006 and 2016, with 53,301 of them being compelled to make malpractice payments. According to data published by the True Cost of Healthcare website, Florida had approximately 52 claims per one million people on average between 2012 and 2016, ranking it eighth in the US for malpractice litigation.
- Discouraging Statistics: According to one report from the National Institutes of Health, plaintiffs in these types of claims have a hard time recovering damages, especially if the evidence is insufficient. Physicians win 80–90% of jury trials with poor evidence of medical malpractice, 70% of borderline cases, and 50% of trials with strong evidence across the country. These figures may appear disheartening, but they only apply to jury trials and do not account for out-of-court settlements which are common in malpractice claims, or the degree of quality representation provided.
Factors That Influence the Outcome of a Medical Malpractice Case
Medical malpractice is never as easy and straightforward as several factors come into play. Some of the factors which influence the odds of winning a medical practice are highlighted below.
- The patient’s signature on release of responsibility papers can have an impact on their case, but just because they signed a form doesn’t mean they gave informed permission and waived their right to claim.
- Time is another issue that affects your chances of winning a medical malpractice lawsuit. Medical malpractice claims in Florida are subject to a four-year statute of limitations, which means that the plaintiff has just four years to file a lawsuit, regardless of when the damage occurred.
- The expertise of the lawyer you have representing you is maybe the single most significant component in winning a medical malpractice lawsuit in Florida. Obtain the services of a lawyer who can help you through the claims process and fight for your rights.
How to Maximize Your Chances!
While there might be several things working against you, you can still do certain things to maximize the chances of winning your lawsuit.
- The first step is getting a good lawyer to represent you. Your lawyer will use their resources to have an expert witness testify on your behalf to clarify where they believe the defendant went wrong and how the case should have been handled, in their medical opinion. In addition to expert testimony, your lawyer will lean on your medical records and related costs, lost pay information, and state and federal statutes to establish that you have been unlawfully harmed.
- The second step is to act fast. You must make certain that your claim is submitted on time. The time limit for filing medical malpractice claims varies by state. The lawsuit may be dismissed without review if you do not meet the statute of limitations within your state’s deadlines.
When a doctor or other medical practitioner fails to follow the standard of care and injures a patient, the affected party has the right to pursue a medical malpractice lawsuit to recover damages. When discussions fail and a claim goes to trial as a lawsuit, the plaintiff must understand their rights, options, and chances of getting monetary compensation for their expenses and suffering. While each case is unique, there are some elements we can consider in determining the likelihood of prevailing in a medical malpractice lawsuit. We hope this article gave you a better insight into what might be working for or against you in your medical malpractice lawsuit. Hastings Law Firm’s Medical Malpractice Lawyers can help you get more such insight when you reach out for help.