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Is Medical Malpractice Difficult To Prove?


“Is medical malpractice cases difficult to prove? You will find out the answer to this question in this blog post from medical malpractice attorneys.


Learn More:

What is Medical Malpractice?

What Is The Most Common Reason for Medical Malpractice?

How To Find A Good Medical Malpractice Attorney (And How To Choose The Right One)


Video Transcript

0:00 Intro
0:17 Is Medical Malpractice Cases Difficult to Prove?
1:00 Expert Witnesses
1:13 Proving Your Case

Is a medical malpractice case difficult to prove? The answer is absolutely, they are very hard. 

0:17 Is Medical Malpractice Cases Difficult to Prove?

There is no such thing as an easy medical malpractice case. There are a lot of good reasons for that.

First of all, you have to get experts and establish that there was a breach in the standard of care. That the doctor, nurse, or other practitioner did not meet the standard of care.

1:00 Expert Witnesses

The defense almost always gets an expert to say that the standard of care was met. The plaintiff, which is the one representing the injured party, has to have an expert witness to testify in court or on deposition that the treatment received did not meet the standard of care,  that it was negligent, and show proof.

1:13 Proving Your Case

It doesn’t end there. You have to show substantial damages and you have to show that there is a substantial link between the breach in the standard of care and the injuries sustained. Those damages are not always easy things to prove. Proving damages requires multiple experts. It’s unfortunately very expensive to prosecute these cases. What makes them particularly difficult is that juries hate these cases. Juries do not want to find doctors negligent. They look for excuses to let them off. 

If you think you’ve had a medical malpractice case, I encourage you to contact the experienced physician attorneys at LawMD.  As doctors, we understand the medicine in your case. As lawyers, we know how to use our medical knowledge to get justice for our clients. Over 10 of our lawyers are also physicians.  LawMD is the right medicine for justice. If you or your loved one has been permanently or seriously injured due to negligence, contact the medical-legal team at  LawMD.com.  



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