What Percentage of Medical Malpractice Lawsuits Are Successful?
While a medical malpractice claim falls under broader personal injury law, some statutes and legal requirements differ significantly. Medical malpractice lawsuits are also more complicated to process than other injury claims like premises or product liability.
Even before you file for damages caused by medical negligence, it’s common for any plaintiff to have lingering questions like, does my case qualify for a claim? Will my claim get compensation? How often do medical malpractice lawsuits succeed?
The Law Offices of Casey D. Shomo work hard to hold healthcare providers accountable for their negligent actions. Talk to us about your case, and we’ll evaluate it, determine your possibility of getting a settlement, and walk by your side until compensation.
Percentage of Successful Medical Malpractice Lawsuits
Research studies on medical malpractice cases have found that a plaintiff’s strength of evidence is the most crucial factor in determining their probability of winning. Specifically, 50 percent of medical malpractice claims with strong evidence of negligence are successful, while only 10 to 20 percent of those with weak evidence are compensated.
The nature of medical negligence makes it difficult for a plaintiff to obtain strong evidence on their own, often requiring the support of an expert witness, like a medical professional. An attorney who has helped malpractice victims is your best bet to understand your case and what kind of evidence will best support the claim.
Why Are Medical Malpractice Lawsuits Complicated?
Medical malpractice claims can get complicated fast, and for many, that can lead to a loss in court. Your medical malpractice lawsuit may take longer and more effort to prove due to several reasons:
- Proving Negligence – In such claims, establishing elements of negligence is not enough to get compensated. A plaintiff must also show how the defendant’s actions deviated from the standard care that another doctor would offer.
- Considerable Damage – Most courts require a plaintiff to prove that the defendant caused significant damage. These include disability, consistent pain, suffering, and damaging income loss.
- Relentless Defense – Doctors and health specialists are not likely to go down easily when faced with a lawsuit because it threatens their professional reputation. They will have a legal team of their own, and you may have difficulty seeking aid without a lawyer’s help.
How to Improve My Chances of Winning a Malpractice Claim
Filing a malpractice claim has a time limit known as the statute of limitations. To ensure a successful lawsuit, the state requires you to file the claim within two years from when an injury occurs. This can extend to four years if the injury was not discovered immediately. However, avoid rushing in to file without enough evidence.
Second, the investigation process must be thorough to build a strong case. With the probability of lawsuit success lying heavily on evidence, it’s better to work with a professional who has experience solving such cases to success. Our lawyers have years of experience dealing with insurers, doctors, and other liable parties in malpractice claims.
Partner with a Medical Malpractice Lawyer
Medical malpractice claims may be more complex to win, but that doesn’t mean it’s impossible. That’s especially true when you have experienced legal representation.
When you reach out, a medical malpractice attorney will review your case and determine the possibility of your claim succeeding in compensation. Call The Law Offices of Casey D. Shomo at 561-659-6366 or fill out our contact form below to get started.