3 Reasons Your Medical Malpractice Case Was Rejected
While hiring an attorney increases your chances of winning the case, experienced attorneys from Garland, Samuel & Loeb will openly inform you that litigating medical malpractice cases is daunting. However, this doesn’t mean you don’t have a chance of winning the case. Consulting your lawyer in the early stages favors your case. Nonetheless, below are a few reasons medical malpractice cases get dismissed.
- The healthcare provider has a duty of care: Doctors, nurses, and other healthcare providers generally owe patients a duty of care. Your lawyer can easily prove this element.
- Breach of duty of care: You should prove to the jury that the healthcare provider breached the duty of care and didn’t meet the expected level of care. If you don’t have evidence supporting medical malpractice by the healthcare provider, you have slim chances of winning the case.
- Injuries or damages: You should prove that the healthcare provider’s malpractice resulted in injuries or damages. Proving this is also problematic, as many other factors can contribute to your injuries.
1. Proving liability is difficult
The burden of proof in medical malpractice cases lies purely on the plaintiff’s ability to prove that their injuries directly resulted from the negligence of a healthcare provider. This requires that you demonstrate the following elements of negligence:- The healthcare provider has a duty of care: Doctors, nurses, and other healthcare providers generally owe patients a duty of care. Your lawyer can easily prove this element.
- Breach of duty of care: You should prove to the jury that the healthcare provider breached the duty of care and didn’t meet the expected level of care. If you don’t have evidence supporting medical malpractice by the healthcare provider, you have slim chances of winning the case.
- Injuries or damages: You should prove that the healthcare provider’s malpractice resulted in injuries or damages. Proving this is also problematic, as many other factors can contribute to your injuries.
- Causation: The last element requires that you connect the doctors’ medical malpractice to your injuries. While your attorney can prove the first three elements, proving this often requires statements from medical experts.
Your medical malpractice case will be rejected if you can’t substantiate these elements. Remember, bad treatment outcomes, untreatable or worsening conditions, and rude health professionals can’t be considered in medical malpractice cases.
Your medical malpractice case will be rejected if you can’t substantiate these elements. Remember, bad treatment outcomes, untreatable or worsening conditions, and rude health professionals can’t be considered in medical malpractice cases.
2. Costs exceed damages
Most medical malpractice lawyers work on a contingency basis. This means your attorney will only get compensated if the case succeeds and you receive compensation. Unfortunately, litigating medical malpractice cases is costly. Your attorney will incur a lot of upfront costs, such as hiring medical professionals to review medical records and act as an expert witness for the case. If the costs of litigating exceed the potential compensation, especially for minor medical malpractice claims, your lawyer may turn down your request.3. Damages are speculative
Like other personal injury cases, you can only claim compensation for damages that occurred. Speculative damages might have happened but can’t be compensated. For instance, if a healthcare provider acted negligently but you noticed and made proactive efforts to prevent possible injuries, you can’t pursue a medical malpractice claim.Endnote
Medical malpractices are becoming very common. Unfortunately, proving liability and receiving compensation for injuries sustained is a challenge. The jury can reject your case for many reasons, including the inability to show causation, inadequate expert witness, or speculated damages. Your claim can also be dismissed due to expired deadlines.Do You Need An Attorney?
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Posted - 05/22/2023
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