A medical malpractice suit isn’t just about recovering a monetary award. You put your life in the hands of someone who took an oath to do no harm. The injury you suffered represents a breach of trust, and you want the person responsible to be held accountable.
Unfortunately, when it comes to medical malpractice suits, the road to justice can be an uphill one. Generally speaking, the odds are not in your favor. However as a Medical Malpractice Attorney can explain, there are factors in each individual case that can affect your chances of winning.
1. The Type of Medical Injury
Winning your case may depend on the type of injury you have sustained. Chances are better for some types of malpractice cases than for others. For example, 27% of patients received compensation for errors involving medications, while only 5% received a payout for errors involving diagnosis or treatment. The percentage of patients who received a payout for errors involving surgery or some other procedure was a moderate 13%.
2. The Evidence in the Case
The more concrete the evidence that your doctor committed an act of negligence, the better your chances of recovering damages for the harm you suffered as a result. However, even when you have the strongest possible evidence, your chances of winning are still only about 50-50. In a borderline case in which the evidence is more equivocal, your chances of winning typically decrease to 30%. If your evidence is weak, your chances of winning become 10% to 20%.
3. The Biases of the Jury
If your case goes to trial, the jury may be predisposed to take the side of the doctor or hospital. It is not entirely clear why this happens. Jurors may be temperamentally inclined to trust the word of people in authority. This may place you at a disadvantage. The jury may not understand the extent of your injuries and see you as someone bringing a spurious case in order to cash in. The culture of the community in which the trial takes place can affect the jury’s perceptions in complicated ways.
4. The Actions You Take
Though there are many factors that are not in your favor, the actions that you take in response to medical malpractice can help improve your chances of receiving a payout. For example, three out of 10 injured patients receive a payout after sending the doctor’s insurance company a demand letter.
Statistically, your chances of receiving a medical malpractice payout double when you hire an attorney. Thanks to Cohen & Cohen for their insight and expertise in medical malpractice law.