Every case has its own unique set of facts. To know what are the odds of winning a medical malpractice suit, it will depend on what occurred in your situation, and whether the correct steps are taken to preserve evidence and prove what happened. Medical malpractice lawsuits are legally and factually difficult cases to successfully prosecute. Insurance companies spend enormous amounts of money hiring defense attorneys and medical experts who utilize every possible argument to try and defeat a medical malpractice lawsuit.
A twenty-year study conducted by the National Institute of Health provides some insight into litigation of medical malpractice cases. This study found that in approximately 90% of cases in which medical malpractice victims presented weak evidence, juries returned verdicts in favor of medical providers. In 70% of cases where medical malpractice victims presented borderline evidence, juries also returned verdicts in favor of medical providers. Finally, juries returned verdicts favoring medical providers in approximately 50% of cases featuring strong evidence of negligence. In short, the legally and factually complex nature of a medical malpractice claim means the odds favor medical providers at trial.
A viable medical malpractice claim requires presenting evidence to prove more likely than not (i.e., 50.01%), each of the four Ds of medical negligence (Duty, Deviation, Direct Causation, and Damages). This means you first must prove your healthcare provider owed you a duty of care. A duty of care is established once a healthcare provider-patient relationship has been established, and the care and treatment have occurred within the scope of that relationship.
You must also prove your healthcare provider deviated from this duty by providing care that fell below the applicable standard of care for a professional in his or her field of practice. This element is arguably the most difficult to prove because unlike the duty automobile drivers owe each other, which is codified in Illinois State law, there is no written law defining the standard of care a medical provider owes his or her patient. Instead, testimony by an expert witness is required to define the standard of care in the medical provider’s field of practice.
For example, if you suffered an injury due to a brain surgeon’s negligence, you need a brain surgeon to testify as an expert witness. The brain surgeon must define the standard of care brain surgeons owe their patients and explain how the defendant surgeon failed to comply with the standard of care.
Finally, you must prove that there was a direct cause of damages as a result of the healthcare provider’s deviations from the standard of care.
Medical malpractice occurs in a variety of ways. Common types of medical errors include:
Medical malpractice also includes actions not taken by a medical professional. For example, the failure to provide follow-up care may be grounds for a medical malpractice lawsuit.
Many personal injury lawyers decline to represent medical malpractice victims. They are unable or unwilling to invest the time, money, and resources that are required to properly litigate a medical malpractice case. Some personal injury lawyers are afraid to litigate difficult cases, such as those involving birth injuries. In considering how to win a medical malpractice lawsuit, though, retaining an experienced medical malpractice lawyer can substantially increase your chances of obtaining a favorable outcome.
An experienced medical malpractice attorney can thoroughly investigate the facts surrounding your injury, and gather the proper evidence necessary to prove your case and maximize your financial recovery. An experienced medical malpractice lawyer can also prepare your case to anticipate and overcome potential defenses, and utilize his or her advocacy skills to effectively present your case at trial.
The compensation you may receive is based on your damages. Illinois allows medical malpractice victims to claim economic and non-economic damages, but does not permit claiming punitive damages. Economic damages are those which can be quantified, such as your past and future medical expenses, lost wages/earnings, etc.
Non-economic damages are the financial compensation you can receive for things like the pain and suffering you endured, your disability or loss of the normal enjoyment of life, and any disfigurement due to medical negligence. When medical malpractice results in wrongful death, non-economic damages can include grief, sorrow, loss of guidance and support, etc.
An experienced medical malpractice attorney can maximize your compensation by fully exploring and proving the amounts of both your economic damages and non-economic damages, and helping you understand what are the odds of winning a medical malpractice suit.
If you think you may have a possible medical malpractice claim, contact the experienced attorneys at Goldberg & Schulkin Law Offices: (312) 236-4146 to discuss how to win a medical malpractice lawsuit.