How to Win a Medical Malpractice Case

how to win a medical malpractice case

Proving your loved one’s death in a doctor’s hands can be daunting, especially if you are not a medical expert. The judge will give you the burden of proof, or responsibility to prove how they caused your family member or friend to pass away.

If you are not prepared with an effective case and witnesses, you will not stand a chance receiving justice and financial compensation your family deserves.

It is imperative to know how to win the medical malpractice lawsuit to still put food on the table and handle expensive funeral and burial costs. Unless they suffered personal injuries and are still alive, your kids will suffer without monetary support.

Get the Medical Malpractice Case into Court

The court has to first accept your medical malpractice case, otherwise, the judge will not ever review it. The law does not permit wrongful death court hearings without you filing a proper petition and passing other legal checks.

Petition before the Statute of Limitations

You have 6 months to 2 years to fill out the paperwork for medical malpractice before it is too late.

This time restriction is called the statute of limitations, or the time you have to file for wrongful death before the courts dismiss you. Otherwise, the doctor, nurse, or hospital can get away with the accidental murder of your family member or friend.

Grieving the loss of a loved one from medical trauma is excruciating, but it will be even worse for your family if you don’t file in time.

Obtain Expert Testimony

Judges look to medical profesisonals when hearing a medical malpractice case. Trained in classical legal speak, they have limited knowledge of surgical procedures and medical treatments.

They must rely on industry experts to make accurate judgements in the medical malpractice claim. We recommend working with experienced wrongful death attorneys that have medical experts you can rely before the probate hearing occurs.

Present Claim to a Medical Malpractice Panel

The final check for your petition passing into the actual court room is through legal middle men known as the medical malpractice panel. Their job is to determine from your petition whether you are eligible for a judge’s hearing. Reviewing hundreds of legitimate medical malpractice cases, they are the quality control for wrongful death cases.

You will need expert testimony, medical eye witnesses, legal advice and other strong argumentation in the petition. If you do not have reputable sources that can vouch on your loved one’s behalf, the medcial malpractice panel will discard your claim.

Prove Medical Malpractice in Court

The judge ultimately decides whether your family deserves financial compensation from economic and non-ecnonomic damages so you must prove your case to them. When the court hearing happens, there are 3 primary things they look for that will win your medical malpractice case.

1). You and the Doctor had a relationship

The decreased family member had seen a specific medical institutiton or doctor for treatment, so it may appear simple to prove this in court. However, the defendant’s attoreny can gather evidence against what you know to be true to avoid paying what your family deserves.

For instance, they can send medical experts to analyze the autopsy results and claim the doctor did not care for your loved one at their deathbed. This testimony would mean there was no relationship and they are not liable for what occurred.

In addition, multiple doctors caring for your family member or friend causes pinning the petition on one person to be difficult. A judge can easily dismiss you for claiming something to the jury that was not true while you know the institution was at fault.

2). The doctor didn’t show the proper standard of care

In medical malpractice terms, the standard of care refers to the level of care a medical professional would give in normal circumstances. The doctor was negligent or made an error that led to your loved one’s death, or failed to upkeep some standard of care.

You must argue clearly with evidence how the doctor’s specific treatments, diagnoses, and surgeries fell below industry criteria. When you present these to the jury with a majority agreement, your family can receive financial compensation to cover economic and non-economic damages.

3). The lack of standard of care caused your loved one’s death

It is one thing for the judge to agree that a doctor harmed your loved one in the operating or patient room. But it is another claim to say it was that medical mistake or series of actions that led to their unfortunate passing.

One method the opposing legal party can use to avoid compensating your family is by referencing past medical records. They can try to prove the family member or friend had an underlying condition that killed them rather than the doctor’s actions.

Bolstering your argument, court hearing attendees must understand the connection between the two and you have the burden of proof to show it. Again, the opposing attorney will do everything in their power to bend the evidence and keep your family from recovering lost financial proceeds.

Challenges to Winning the Medical Malpractice Case

Winning a medical malpractice case for your loved one is in your grasp. You can receive the financial rewards necessary to pay for all your unexpected bills and support your family.

However, there are difficulties when petitioning for justice that reduce your chances significantly.

Judges in wrongful death cases, for instance, establish the burden of proof onto you and expect you to prove how the hospital or institution killed your loved one. Without medical knowledge or being a specialist, you cannot create a water-tight argument with evidence and other testimonials.

This fact means your medical malpractice lawsuit is at a disadvantage from the very start. Depending on who you work with, the wrongful death lawsuit can take several years to settle.

Another challenge in winning your case is understanding the legal technicalities with breaching duties of care. These vary across different wrongful death cases, such as product liability and estate administration.

You need classical legal speak to proceed with a strong case that wins the highest settlement.

Finally, you must endure tens of thousands of dollars in court fees that stack up higher as you go further into the process. This alone can worsen your family’s condition and ruin any financial stockpile and creditworthiness you once had before your loved one’s passing.

Work with a Medical Malpractice Attorney Today

While you have many challenges ahead to winning a medical malpractice case, our seasoned medical malpractice lawyers are ready to spring on your claim. Acting faster than other attorneys, we gather crucial evidence immediately and consult with our medical experts on your behalf.

We’ve presented hundreds of medical malpractice cases to judges and juries and have won over $850,000,000 in settlements and judgements. It’s our job to help you settle for the highest amount possible and divide the reward according to state and federal codes.

Our team is versatile in all wrongful death, truck accident, and health care personal injury claims that brings a distinct edge to your medical malpractice case. We are ready to hear about your family member or friend’s tragedy so we can help your family move forward.

To start a free consultation with our experienced attorneys, call our caring team at (334).269.3230. We would be glad to get you started with filing a medical malpractice lawsuit and give you more than the insurance company will.

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