Making a medical malpractice claim is not easy—you or a loved one has already suffered illness or injury, then suffered from a misdiagnosis, lack of treatment, or improper treatment. Then you have to realize that this negligence has happened, determine whether you can file a claim, and find an attorney take your case. Unfortunately, it only gets more difficult from there. For a variety of reasons, medical malpractice claims are notoriously hard to prove.
Juries believe doctors
Juries put a lot of faith in doctors, which makes sense. Doctors are experts in their fields (or they should be), and juries aren’t medical experts. They are used to trusting the expertise of their doctors, and see them as infallible authorities, rather than the human beings that are capable of making mistakes and negligent decisions that they are. In fact, the people on juries are probably even uncomfortable with the thought that doctors could be negligent, as it calls into question the care they receive from their own doctors and other medical professionals. Given all of this, proving to a jury that malpractice has occurred can be difficult.
The burden of proof is on you
As the plaintiff, you have to prove that the medical professional was negligent in their treatment of you. This can be difficult because there is often very little documentation available, and the documentation that is available is full of medical terms and jargon that is difficult to decipher. You’ll also need other medical experts in that field to analyze the available evidence and support your claim that the healthcare provider in question was negligent.
Dealing with insurance companies is difficult
Healthcare professionals are covered against malpractice claims with malpractice insurance, so that if they are found to have been medically negligent and are required to compensate the patient for that negligence, they don’t make the payout, the insurance company does. The insurance companies, however, don’t want to make payouts, and so they make the process as difficult as possible. You need experience in working with insurance companies in order for the process to work in your favor.
Medical malpractice is exceptionally difficult to prove, but it’s not impossible. An experienced medical malpractice lawyer can help you prove your case with access to medical experts to support your claim and experience in dealing with insurance companies. Call the Epstein Law Firm today to discuss your experience of medical malpractice and discover your options.