Medical malpractice occurs when a healthcare professional, like a doctor or nurse, fails to provide care that meets the accepted standards of practice, harming a patient.
Unfortunately, these cases can be incredibly complex. The top medical malpractice attorneys can help navigate the legal system and fight for justice for injured patients.
The attorneys from Hollander Law Firm are an excellent choice when it comes to personal injury or medical malpractice cases. Established in 1996, the firm, headed by Gregg Hollander, has been assisting victims of negligence in fighting it out for fair compensation. And they have been pretty successful at it as well.
The millions recovered in compensation is the proof of this. Their most recent successes include a $4.5 million settlement for a wrongful death due to medical malpractice and a $4.3 million settlement for a spinal cord injury.
Today, we’ll explore five key challenges when pursuing a medical malpractice claim.
Challenge 1: Proving Negligence
Proving negligence in a medical malpractice case can be a complex process. Healthcare providers, such as doctors and nurses, are held to a specific standard of care. It means they must provide treatment that meets their profession’s accepted medical practices and standards.
To win a medical malpractice case, you must demonstrate that the healthcare provider’s actions were below this standard of care and directly caused your injury or illness. It often requires detailed medical records, expert witness testimony, and a thorough understanding of medical procedures and protocols.
One of the biggest challenges in proving negligence is gathering sufficient evidence to convince a jury or judge that the healthcare provider’s actions were below the standard of care. It may involve consulting medical experts to assess the provider’s conduct and identify deviations from accepted practices.
Challenge 2: Expert Witness Testimony
Expert witness testimony is crucial in medical malpractice cases. These experts, typically other healthcare professionals, provide vital insights into the standard of care and whether it was breached. Their testimony can significantly strengthen your case and provide a credible perspective on the situation.
However, finding qualified experts willing to testify on your behalf can be challenging. Hiring expert witnesses can also be costly, as they often charge significant fees for their time and expertise.
Challenge 3: Statute of Limitations
Statutes of limitations are laws that set deadlines for filing lawsuits. In the case of medical malpractice, these laws limit the time a patient has to file a claim after the injury occurs.
Missing these deadlines can result in losing the right to sue, even if you have a valid claim. Understanding and adhering to these time limits is crucial to protect your legal rights.
Challenge 4: Insurance Companies and Tactics
Insurance companies are significant players in medical malpractice cases. They frequently employ tactics to delay or deny claims, such as requesting extensive medical records or hiring investigators to scrutinize the plaintiff’s history.
It is important to have an experienced medical malpractice attorney by your side to counter these strategies, fight for a fair settlement, effectively navigate these tactics, and protect your interests.
Challenge 5: The High Cost of Litigation
Medical malpractice lawsuits can be financially daunting to pursue. Legal fees, court costs, and expert witness fees can quickly accumulate, posing a significant challenge for many individuals seeking legal action. These high costs can deter potential plaintiffs from seeking justice, even with valid claims.
Most medical malpractice attorneys work on a contingency fee basis to alleviate this burden. This means they only get paid if they win the case, making legal action more accessible to those who cannot afford upfront costs.
Conclusion
Remember, filing a medical malpractice lawsuit is not an easy process, and you will likely face several challenges.
However, with the invaluable help of an experienced medical malpractice lawyer, you can overcome these challenges and pursue the justice and compensation you deserve.
