What Are My Chances Of Winning A Medical Malpractice Lawsuit?

Medical Malpractice Lawyer

Like any person, medical professionals make mistakes sometimes. Unfortunately, when someone is responsible for another person’s life, those mistakes can have serious consequences. From unnecessary surgeries to misreading lab results, improper medication to discharging patients too early, a number of issues can lead to long-term health problems for a patient who is the victim of medical malpractice. This is why it is unsurprising that an average of 85,000 malpractice lawsuits is filed each year.

The Chances of Winning a Lawsuit for Medical Malpractice

According to 20 years of medical malpractice lawsuit outcomes studied by the Clinical Orthopedics and Related Research team, the outcome of a lawsuit strongly depends on how much evidence was available. If you have weak evidence, you only have a 10-20% chance of winning. Strong evidence bumps your chances to about 50%. As a medical malpractice lawyer from a firm like Hall Justice Law Firm can explain, common reasons plaintiffs won their cases included proof of errors in diagnosis or treatment, proof of surgical errors, and proof of medication errors. 

Why Winning a Medical Malpractice Lawsuit May Be Challenging

Winning a medical malpractice lawsuit can be challenging, especially if you do not compile the evidence. Proving negligence often requires not only a complete record of your medical history with the defendant but with any other opinions that you received and that led to proper treatment. It often requires hiring experts to read and make determinations of your files, as the evidence may be confusing for people not in the medical field. Other obstacles you may face include having to meet affidavit requirements, pressure from insurance companies to take a settlement out of court, experienced attorneys on the defendant’s side, and the complex court processes. 

How To Increase Your Chances of Winning a Lawsuit

The best thing you can do to help your chances of winning a medical malpractice lawsuit is to hire an attorney who has experience in court with these types of cases. He or she knows how to follow the litigation process. The first step is to send the defendant a demand letter that describes the claim and demands compensation, but most plaintiffs without an attorney skip it because they don’t realize it’s necessary.

Additionally, when needed, an attorney can access expert witnesses and other resources to help prove your case and raise your chances of seeing a settlement. Many people worry about hiring an attorney due to costs, but many malpractice lawyers work for a contingency fee. This means they get paid by taking a percentage (often 33%) of any compensation you win.

If you believe you have been a victim of medical malpractice, the right time to find an attorney is now. Contact a malpractice lawyer near you to determine if you have a case and what course of action you should take.

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