If a medical professional fails to diagnose something important, if they prescribe an inappropriate treatment to you, or if they otherwise commit errors that result in your harm, you can file a medical malpractice lawsuit. Hypothetically, the law provides a remedy to anyone who suffers damage due to inappropriate medical actions.
However, medical malpractice claims are notoriously difficult to prove. Why is this the case, and are there any strategies that can maximize your odds of success in filing a medical malpractice claim?
The Burden of Proof in Negligence Claims
Medical malpractice is a form of negligence. Although there are some nuances differentiating medical malpractice from traditional negligence, many of the core elements are the same. If you want to prove a medical malpractice claim, you must prove that a doctor or similar medical professional had a duty to you, that they breached that duty, that you suffered harm, and that the breach of duty was directly and causally related to the harm you suffered.
Already, you can see why proving all of these elements is somewhat difficult. It’s not hard to prove that a medical professional had a duty to you, but it is hard to show that they breached their duty with an action or omission, and it might be even harder to prove a causational link between that action or omission and the harm you suffered. It could even be difficult to prove that you suffered harm at all, at least in some cases.
As the plaintiff bringing action against a medical professional, you will bear the burden of proof. In other words, you’ll be the one responsible for overcoming default assumptions and showing that your medical provider breached their professional duty.
The Difficulties in Proving Medical Malpractice
These are some of the more particular aspects that make proving medical malpractice challenging:
- Trust in doctors and healthcare providers. Many people trust doctors and other healthcare professionals by default. We collectively assume that doctors know what they’re doing, and if they make any kind of mistake, it must be a reasonable one. If you want to win a medical malpractice claim, you typically must convince a judge or a jury that your doctor significantly breached their duty – and this presents quite an obstacle to overcome. Most doctors are knowledgeable people and good people, and they genuinely do what they think is right most of the time.
- The “reasonable” person in the circumstances. Most issues in the medical malpractice space are decided using the nebulous “reasonable person” standard. In other words, decisions are judged based on what a reasonable doctor in a similar position might decide. Even if a doctor made a mistake, they won’t be liable for medical malpractice if most doctors in a similar position would make a similar mistake.
- Challenged evidence. Almost every piece of evidence you present can be challenged or weakened by the opposition. Opposing counsel can question or even negate some of your claims, and cast doubt on the legitimacy of your complaint.
- Expert witness testimony. Expert witness testimony is frequently used in medical malpractice claims. Plaintiffs use medical professionals to show that the defendant acted negligently, while defendants use medical professionals to reinforce the idea that they made the right decision. This can lead to a “battle of experts” that can sometimes obfuscate the truth.
- Damage calculation. Even assuming medical malpractice happened, how do you calculate the damages? It’s a complex equation that presents many problems for both sides.
Increasing Your Odds
Thankfully, there are many strategies that can help you increase your odds of success:
- Hire the best lawyers you can afford. First, hire the best medical malpractice lawyers that you can afford. Experienced, competent medical malpractice attorneys can help you build the most viable and resilient case.
- Gather as much evidence as possible. The more documentation and evidence you have, the stronger your claim is going to be. Keep records of everything and try to prove every aspect of your claim, no matter how small.
- Get second (and third) opinions. It’s a good idea to get a second, or even a third medical opinion. See if you can find medical experts who can provide testimony as to why your doctor made a legally significant mistake.
- Remain patient during negotiations. Most medical malpractice claims are settled out of court, but the negotiation process can be long, stressful, and confusing. Try to remain patient during negotiations if you want the best possible results.
Medical malpractice claims may be difficult to prove, but they certainly aren’t impossible to prove. If you’re willing to work with a good lawyer, and if you make a proactive effort to gather as much evidence and documentation as possible, you’ll be in a much better position to win your claim.
