A doctor, nurse or a medical professional may cause your injury due to negligence or omission. In many circumstances, these professionals may not admit that they caused your injury. Therefore, you need to be tactical when trying to prove your medical malpractice.

Some will advise you to hire professional medical malpractice attorneys, but sometimes that may not be a guarantee that you’ll win the case. Below are the six challenges you may encounter when trying to prove your medical malpractice.

1) The Statute of Limitations May Bar Recovery

The statute of limitations gives a period for which any lawsuit must be filed. It varies from country to country and from state to state. When this period runs out, you will be barred from filing your case no matter how outrageous it is. It is therefore advisable to take action immediately the malpractice occurs so that you’re not barred from filing your case.

2) Many Attorneys are Inexperienced or Ineffective at Handling Malpractice Cases

You may have been told that hiring a malpractice attorney will guarantee you a win, but the truth is that some of these lawyers are either inexperienced or ineffective. They are lawyers who have never appeared in the courtrooms or have lost several cases on malpractice cases. It is therefore recommended that you should interrogate a medical malpractice lawyer before hiring him or her. This will ensure you hire the right person for the job.

3) Proving that the Physician Was Negligent

Proving to the court that the physician was negligent is always a challenge to anybody who wants to file a medical malpractice case. Even though your medical malpractice attorney may argue in court that the physician caused your death or injury, it may be difficult to prove that the physician was negligent. If you can’t prove to the court, then there are high chances you’ll lose your case.

4) Jury Verdicts Favor Physicians than The Patients

Imagine a scenario where you have all the required evidences and you present them all to the court but still fail to find justice. It’s something that really hurts, especially when you have lost a close relative.

Medical malpractice cases in Chicago are typically filed in Cook County, Illinois. Although Cook County is considered among the more liberal section of the State, 80% to 90% of malpractice verdicts in the county are in favor of the health professional and against the plaintiff.”

5) The Cost of Prosecuting the Case may Exceed the Value of the Case

Medical malpractice cases normally cost more than what a jury may award you. When filing a medical malpractice case, you may end up spending between $50,000 to $100,000 or sometimes even more when dealing with larger cases.

6) Many People Never Realize They Were a Victim of Malpractice

“In a 2006 Newsweek Magazine article, nearly 100,000 patients die in the U.S. each year as a result of preventable medical mistakes. Yet, only 10,000 medical malpractice suits are filed each year.”This means that most people do not realize their victims are a victim.

Final Thoughts

Inasmuch as you may not have the legal knowledge and skills to file a medical malpractice case, at  least you have some of the obstacles that make it difficult for people to do so. So, you need to find ways of dealing with the challenges discussed above.


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