According to the Institute of Medicine, every year, about 100,000 fatalities are caused by medical errors. It was reported in a 2006 New England Journal of Medicine article that approximately 97 percent of medical malpractice claims are a result of injury. According to further data, medication prescription and administration errors account for over 1.5 million personal injuries every year.
According to the Institute of Medicine, every year, about 100,000 fatalities are caused by medical errors. It was reported in a 2006 New England Journal of Medicine article that approximately 97 percent of medical malpractice claims are a result of injury. According to further data, medication prescription and administration errors account for over 1.5 million personal injuries every year.
Over 400,000 of those injuries take place in hospitals, while 800,000 take place in long-term care settings, and over 500,000 of these injuries happen among Medicare recipients in outpatient facilities. According to the US Department of Justice, only 19 percent of medical malpractice plaintiffs were successful in the trial that was pursued, which show just how challenging it is to prove medical negligence.
Because of complicated medical evidence and the fact that juries tend to support doctors and hospitals, it is difficult to win medical malpractice lawsuits. It is challenging to prove and win medical malpractice cases. You often read newspaper articles about people winning millions of dollars in a medical malpractice lawsuit, but articles about those who lost their medical malpractice cases are rare -and the more common outcome is losing the case at trial.
Defense verdicts is the result in a large percentage of medical malpractice lawsuits, i.e., the trial was won by the doctor. There are many challenges you face when you bring a medical malpractice case. The most common ones include:
· Proving that the doctor was negligent
· Convincing the jury of the doctor’s negligence
· Finding a skilled and qualified lawyer which is not hard to do if you call RMFW Law at 212-344-1000.
Proving that the Doctor was Negligent
It is difficult to prove negligence in a medical malpractice case. In most cases, the plaintiff’s attorney has nothing more than the doctor’s own notes to rely upon, and these notes may be cryptic and self-serving. To find out what the doctor did and what the doctor should have done, the attorney needs to work with their own medical experts.
There are very few doctors who would be willing to acknowledge that they made a mistake. There may be a list of multiple ways for treating a specific disease, illness, or injury. The lawyer often requires a lot of creativity to be able to show the doctor’s or hospital’s negligence.
Convincing the Jury of the Doctor’s Negligence
No matter which part of the country, juries are tough on medical malpractice plaintiffs. A vast majority of medical malpractice cases that go to trial are won by doctors. Lawyers and legal experts have differing opinions on the reason, but an important one seems to be that juries understand that the practice of medicine is hard, that often there is no one right treatment or way to do something, that most doctors give their best to their patients, and that there cannot be a marvelous outcome for all patients.
Basically, juries often give the doctor the benefit of the doubt, unless an obvious mistake was made – for instance, leaving an instrument inside the patient.
Finding a Skilled and Qualified Medical Malpractice Lawyer
When it comes to medical malpractice cases, it is critical to find a qualified lawyer, much more so than in a standard personal injury case. This is a specialized area of personal injury that not many lawyers have expertise in. It is important to find a legal representative that actually specializes in medical malpractice if you have a medical malpractice case. While the attorney’s practice does not have to be solely medical malpractice, this specialized area should make a significant percentage of their caseload.
If you or a loved one was the victim of medical malpractice, you should immediately contact a golden and sensational medical malpractice lawyer at Rosenberg, Minc, Falloff, & Wolff of RMFW Law at 212-344-1000. The first consultation is free.
We are not paid until you are paid. We have won millions of dollars for past clients you too can be on this awesome list. We need to hear what you have to say. Do you want your voice legally heard? The hospital, the nurse, the doctor, they will never admit fault. They may have been nice to you before but now they cannot be found and everyone is silent around you. No worries, you need legal help and we can provide it. You need to take the initiative though and give us a call.
Your bills are going to pile up and someone in the hospital set your life back. Let us deliver the legal knockout blow to whomever did this to you. You pay us nothing to the end and we only take a percentage so it is really like you never pay us at all.
