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The Challenges of Filing a Medical Malpractice Claim

Medical malpractice cases are often complex and, without proper legal assistance at your side, incredibly difficult to win. For every winning case you read about in news articles or see on the morning news, there are countless more that result in a loss. If you think simply hiring an attorney is enough, you would be wrong. Not all attorneys, or even personal injury attorneys, understand the intricacies of medical malpractice lawsuits. To truly stand a chance of winning your medical malpractice case, you will need a qualified and experienced attorney who specializes in this complex field. Otherwise, you are gambling the outcome of your case and leaving the fate of your future to chance.

Below are some of the challenges that are commonly encountered in a medical malpractice claim:

  • Proving the doctor’s negligence: Being able to prove negligence in a medical malpractice claim is among one of the most difficult challenges faced by injured patients. An experienced medical malpractice attorney will have crucial resources at his or her disposal, including medical experts, to uncover what went wrong and what the doctor should have done. Doctors rarely admit their mistakes, which is why your attorney will need the opinions and testimony of other experts to prove that negligence was involved.
  • Convincing the jury: It can be challenging to convince a jury of negligence if the doctor’s mistake cannot clearly be proven. Your attorney has to leave no room for doubt regarding the errors your doctor made, which led to your injury.
  • Pressure from the insurance company: The insurance company that represents the hospital facility or doctor who treated you will likely be uncooperative when the time comes to discuss a settlement if the attorney representing you does not specialize in medical malpractice. In fact, it is not uncommon for an insurer to refuse to make an offer if they believe the attorney lacks experience in this field.
  • Finding a qualified medical malpractice attorney: If you have a medical malpractice case, you will need a medical malpractice attorney. The fact is that this is an area of law that not many attorneys have expertise in, but it is absolutely necessary if you hope to win your claim. Keep in mind that the attorney you choose may not exclusively handle medical malpractice cases; however, medical malpractice claims should make up a significant percentage of his or her caseload.

Many of the challenges medical malpractice plaintiffs encounter when in the midst of such a claim and often be overcome with proper legal guidance. To ensure you are able to obtain maximum compensation, make sure you hire a skilled medical malpractice attorney as soon as possible.

Why You Need an Attorney

One of the most daunting aspects of filing a medical malpractice claim is communicating with insurance companies, as many people don’t know what they are allowed to say to them or if they’ve even obligated to answer their calls. When you hire an attorney, they can handle all future correspondence so you don’t have to worry about what you should and shouldn’t say.

Additionally, a key component of your claim is getting a medical expert within the same field to testify. A law firm with demonstrated experience in medical malpractice law will have the resources needed to find an expert willing to support your case. In a medical malpractice case, there are many details and moving parts that are too challenging to handle on your own. Having an attorney to guide you through the process is essential if you wish to recover damages.

Call the Law Offices of David C. Rash today for a free consultation regarding your case at (954) 914-7116, or contact us online. We’ve recovered millions in settlements for clients injured by medical malpractice and can use our knowledge to strengthen your claim.