People undergo medical operations all the time. Some of these operations are minor while others can be more complicated and severe. Anyone who undergoes such an operation or goes through any form of medical care expects to come out of it feeling better than when they went in. However, that is not the case for some people. Medical malpractice cases occur quite often as a result of healthcare professionals not giving the proper care to their patients or a mistake being made.
When such incidents occur, patients often file a medical malpractice case to get some form of compensation or bring to light the malpractice so that it does not happen to someone else. These cases can be challenging and take some time for the patient to win if that is the decided outcome. Here is everything you need to know about what to expect when you file a malpractice lawsuit and how it differs from other court cases.
One of the main factors affecting your chances of winning your medical malpractice case is how much evidence you actually have as a patient. Cases of medical negligence often leave evidence of what led to the mistake or injury that the patient is suffering from, and this makes it easier to win a case. Gathering all the available evidence you can find can sway the end result and determine whether or not you will win the case. If you do not have any evidence and are simply relying on your word against that of the medical practitioner’s, then chances are you won’t win the case. However, if you have sufficient evidence from the scene, like camera footage from when you were getting your healthcare treatment or scars that match a medical tool used by the specific practitioner you are accusing of negligence, then your chances of winning will be better.
Having Proper Representation
Filing for a medical negligence case is not that hard, nor is it hard to get the compensation you deserve if you were wronged as a patient, but that is as long as you know what you are doing. To maximize your chances of winning and ensure that you actually do end up getting what you deserve if you have been wronged, you must have proper representation by your side. Luckily, New York has an abundance of experienced litigators that can help you get proper compensation. As mentioned by the professionals at Finz & Finz, P.C., there are a lot of legal procedures and paperwork that will need to be taken care of during a malpractice case and only a legal professional can help you sift through all of that to get the results you need. If you risk representing yourself, then your chances of winning the case will not be as good even if you truly deserve the compensation and the win. Whereas if you have an experienced legal team by your side, you will not have to worry about all the legal procedures and your chances of winning will increase.
Convincing the Jury
Similar to many other types of legal cases, medical malpractice cases often have a jury present in them to decide a verdict. Convincing the jury that you have truly suffered from medical negligence can be quite challenging and is one of the main factors determining how hard it is for you to win the case. Jurors tend to side with doctors if they provide enough evidence that the negligence claims are false and that the injuries endured by the patient were a result of a calculated and precedent risk.
However, if the patient can gather enough evidence proving otherwise and have a legal team present that information in a convincing manner, they can easily sway the jury’s decision and win the verdict.
Suffering from medical negligence is not something that usually goes unseen. If you are filing for compensation for your personal injuries that resulted from malpractice, then finding reliable witnesses can sway the verdict in your favor and help you win the case. You can also seek expert witnesses to confirm that your injuries are a result of negligence rather than just an accident.
Enduring personal injuries that were no fault of your own, especially if they are a result of medical malpractice, can be incredibly overwhelming and challenging. The key to overcoming your pain and suffering, both mentally and physically, is to seek proper compensation for the damage you have endured. Make sure you have an experienced and reliable legal team by your side as you file your case so that your chances of winning stay high.