According to a Journal of American Medical Association article, medical malpractice claims an estimated 225,000 lives each year. These incidents can be divided into several groups including:
· 12,000 deaths caused by unnecessary surgery
· 7,000 deaths caused by medical errors in hospitals
· 20,000 deaths caused by other errors in hospitals
· 106,000 deaths resulting from non-error, adverse effects of medication
· 80,000 deaths as a result of infections
On average, roughly 85,000 medical malpractice lawsuits are filed every year. In 2012, more than $3 billion was spent in medical malpractice payouts, which is an average of one payout every 43 minutes.
Being able to provide substantial evidence and winning a medical malpractice case can be very difficult. The media usually publish news about people winning millions of dollars from a medical malpractice lawsuit, however, there are hardly ever any stories about people who lost their lawsuits - and the fact is that losing lawsuits at trial is far more common than winning.
A large percentage of medical malpractice lawsuits invoke defense verdicts i.e. the trial is won by the doctor which is the defense. Filing a medical malpractice case comes with many challenges and the more common ones include:
· Proving that negligence occurred on the doctor's part
· Convincing the jury of the doctor's negligence
· Finding a qualified and reliable attorney
Proving that the doctor was negligent
It is extremely difficult to prove negligence in a medical malpractice suit. The plaintiff's lawyer often has nothing more than the doctor's own notes to rely on and these notes may well be self-serving and cryptic. The lawyer and their medical experts need to work together to determine what the doctor actually did and what they should have done. Not many doctors are going to admit that they made a mistake.
There may be multiple treatment methods in medical textbooks for treating a specific disease, illness, or injury. A lot of creativity is often required on the lawyer's part to prove the negligence of the doctor or hospital.
Convincing the jury of the doctor's negligence
Medical malpractice plaintiffs have a tough time with juries across the country. The majority of medical malpractice lawsuits are won by doctors. Legal experts and lawyers have differing opinions on why this is so.
The fact that juries understand that the medical field is a difficult one, that in most cases there is no one right treatment or method that most doctors give their patients their best and that wonderful outcomes are not always possible. Basically, unless the mistake that the doctor made is an obvious one, like accidently leaving behind an instrument inside a patient, they are often given the benefit of the doubt by juries.
Finding a qualified and reliable attorney
It is critical to find a qualified lawyer who understands and can handle the nitty-gritties of a medical malpractice case. Not many attorneys have experience or expertise in medical malpractice cases. If you think you have been wronged and wish to file a medical malpractice case, it is critical to find a lawyer who actually specializes in the field. While it is not necessary for them to work solely on these types of cases, their caseload should consist mainly of medical malpractice.
If you or a loved one has been a victim of medical negligence, you should seek the help of a medical malpractice attorney at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000.
The first meeting with us free. In fact, you never have to write us a check throughout the entire case. No worries there. This is because we only take a percentage of the final settlement or verdict. We are only paid when you are paid and since trying a case of this magnitude requires a lot of capital and time on our front, we want to win this case as much as you do. We know there a lot at stake, we know there is no going back and there is not any second chance.
We have won millions of dollars for past clients. You too can be on this fantastic list. If your case has merit, we will put together a winning case that we believe will bring positive results for us and for you. We are on the same team, we both win or lose together but RMFW Law only tries cases we believe we can win. Again, the first meeting is for free. What do you have to say (our # is 212-344-1000)?
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