Explaining why medical malpractice cases are difficult to prove

On Behalf of | Oct 4, 2019 | Medical Malpractice

Victims of medical malpractice often find themselves in precarious situations for many reasons. One of which is that it can be difficult to prove medical malpractice. There are plenty of reasons why you should consult with an experienced attorney when injured at the hands of a medical professional. We will discuss why it is so difficult to prove a medical malpractice case.

One of the biggest reasons why these cases are so difficult to prove is that there is a much higher burden of proof assigned to these cases. You and your attorney must be able to show that the medical professional went against the standard of care accepted in their practice area. You cannot simply show negligence.

Another factor is that the injury you suffered must be labeled as significant. What is a significant injury? A significant injury is one that lasts a long time, at least a couple of months, and has a profound impact on your overall life.

The third reason medical malpractice cases are so difficult to prove is that they most often reach trial. Why? When it comes to dealing with the reputation of a doctor, nurse or another medical professional; he or she will likely not want to settle out of court. Instead, they’d rather fight the claim in court in an effort to have it dismissed.

Proving medical malpractice is difficult. You will need to provide a lot of evidence to the court that you were owed a duty of care, that the duty of care was breached and that the breach led to your injuries. If there is any doubt, you likely will not be able to win the case. This is why having the right legal representation is so important.