Victims of any type of negligence, including that involving medical malpractice, have a right to compensation for their injuries and related suffering. Medical malpractice attorneys, like Kathryn Burmeister, work to win compensation for their clients via personal injury cases. While no personal injury case is an “open and shut” case, medical malpractice cases represent the most difficult to prove.
Since it’s especially difficult to prove negligence in medical malpractice cases, many victims do not recover deserved compensation for injuries resulting from the negligence. This makes it critical that victims of medical malpractice consult a lawyer with extensive experience in these cases. What must an attorney prove to win a malpractice case?
Why Are Medical Malpractice Cases Hard to Prove?
The first requirement for a successful malpractice case is proving that a doctor-patient relationship actually exists between the attorney’s client (plaintiff) and the physician (defendant). It’s easy to prove this by providing medical records showing the physician acted as the victim’s healthcare provider at the time the negligence occurred.
The most difficult thing to prove in a medical malpractice case involves showing that the physician was negligent. To prove negligence, the attorney must show that the physician failed to provide the same level of care another doctor would have provided in similar circumstances. In other words, the attorney must show that the physician made an error that a competent physician would not have made.
But, keep in mind that simply proving negligence does not necessarily lead to victory in a medical malpractice case. The victim’s attorney must also prove that the doctor’s negligence led directly to the injuries suffered. The medical malpractice lawyer must prove all of these factors by a “preponderance of evidence.”
Other factors can make these cases even more difficult to prove, including:
Cost. Typically personal injury lawyers pay for all incurred expenses during a case, allowing their clients to reimburse them upon winning the case. Medical malpractice cases, however, often incur much higher expenses than those arising from other personal injury lawsuits. Since attorneys cover these expenses upfront, there is a greater risk of losing more money, making it a more significant decision to invest resources in a possible case.
Expert witnesses. Expert witnesses play a vital role in proving malpractice cases. Sometimes, it’s difficult to locate experts willing to testify against a fellow healthcare provider. But, medical malpractice Attorney Kathryn Burmeister has the professional network and experience to know just who to call when the case calls for an expert witness.
Juries often side with doctors. It’s a fact that most juries tend to favor the healthcare provider defendants in medical malpractice cases. But research shows that juries will side with the victim if the evidence shows that the malpractice resulted from an obvious mistake. When it’s not obvious, the jury may side with the physician in an abundance of caution.
If you’ve suffered injuries due to a healthcare provider’s negligence, contact Burmeister Law Firm as early as possible to discuss the details of your case. Kathryn Burmeister will fight for you and work hard to build the strongest case possible to prove your physician’s negligence. She will do what it takes to get you the compensation you deserve. And, as always, consultations are at no cost to you.
