Potential Challenges in Pursuing a Medical Malpractice Claim

The provision of safe, effective and trustworthy healthcare is something everyone expects from medical professionals. Unfortunately, however, in some cases, the quality of care patients receive from hospitals, pharmaceutical companies, doctors, nurses and other healthcare providers can fall below this standard resulting in injury, harm, and even death.

Studies have confirmed that medical errors are the third leading cause of death in the U.S., killing close to 250,000 people each year. As a result, medical malpractice lawsuits are becoming more common. With lawsuits ranging from misdiagnosis of serious health conditions to surgical errors, the risk of injury or harm to the public as a result of medical malpractice is high. If successful, individuals may receive damages for medical expenses, lost wages, pain and suffering, and the cost of ongoing medical care.

While some individuals have suffered injuries due to the care they have received at the hands of a medical professional or healthcare facility, pursuing a successful claim can still be fraught with challenges. The technical nature of this area and the legalities of medical negligence often make it difficult for individuals to successfully prove their case, especially without the help of an experienced lawyer who has a thorough understanding of this area of law. In this article, we will explore some of these challenges in more detail, providing plaintiffs with a clearer roadmap for navigating a potential claim.

Provision of Substandard Care

One of the key requirements for proving medical malpractice is establishing that the medical professional breached their duty of care to the plaintiff. This happens when the healthcare provider fails to adhere to the standards of care reasonably expected of them. For example, a doctor may have failed to recognize a patient’s symptoms as indicative of a serious medical condition or provided inadequate monitoring or care to them resulting in a worsening of their condition.

The provision of substandard care can be challenging to prove and requires clear evidence that the defendant deviated from accepted medical standards. The plaintiff has the burden of proving that the medical care they received failed to meet those standards and this can be a complicated and lengthy process that often requires testimony from expert witnesses who must deliberate on fine points of medical practice and procedure.

Expert witnesses may also disagree on what the right action or best course of treatment should have been in a particular case. This often occurs with new or rare conditions that are not yet fully understood or where patients agree to experimental treatments. In these situations, differing schools of thought may apply among medical professionals, leading to conflicting opinions on the correct course of treatment the defendant should have followed.

Proving Causation

Even if a medical professional is found to have been negligent in their provision of care, this alone is not sufficient to hold them liable for medical malpractice. The plaintiff must go one step further and establish that their injuries were directly caused by the medical provider’s negligence.

One of the key elements required for proving negligence in a medical malpractice claim is based on the principle of causation. In practice, this requires the plaintiff to establish a direct link between their injuries and the medical professional’s actions or decisions. This is often determined using the ‘but-for’ test which asks whether the injury would have occurred but for the medical professional’s actions.

If the answer is no, then the element of causation is established. For example, a plaintiff who is filing a Cerebral Palsy lawsuit may argue that but for the doctor’s failure to respond to signs of oxygen deprivation during labor, their child would not have developed Cerebral Palsy.

In an attempt to disprove negligence, defendants and their insurers will typically try to challenge causation on various grounds. A common defense against causation is that the plaintiff had a pre-existing health condition that caused the injury in question or that their injuries resulted from other factors which are unrelated to the medical care they received. If these arguments succeed, the plaintiff will be unable to prove a direct link between their injuries and the defendant’s actions and therefore, fail to prove the necessary element of negligence on the defendant’s part.

Overcoming these defenses can be challenging, costly, and time-consuming for plaintiffs and will typically require expert testimony from medical professionals to help establish the direct link between their injuries and the medical care they received.

Time Pressure

Individuals who wish to pursue a medical malpractice claim must do so within a certain time period which is laid down by the statute of limitations. This period is typically between one to three years from the date of their injury or from when it should reasonably have been discovered.

This can place significant pressure on claimants, rushing them to gather evidence and build a strong and compelling case within a relatively short period of time. This can be doubly difficult for plaintiffs pursuing medical malpractice claims as in many cases they are already contending with the physical, emotional, and financial struggles caused by their injuries.

Gathering the necessary evidence to support their case can also be challenging for plaintiffs. This includes matters such as consulting medical experts and taking their testimonies, gathering witness statements, medical records and developing strategies to counter any defenses to their claim. These time constraints and financial pressures may cause plaintiffs to prepare their cases in a rushed manner, often compelling them to settle their case for less than they fully deserve.

To overcome these potential challenges outlined, it is advisable for plaintiffs to seek assistance from experienced medical malpractice lawyers who can review the merits of their case and help them build a strong case. This includes assistance with gathering evidence, developing strategies to counter defenses, negotiating a fair settlement as well as providing legal representation in court. As a result, individuals who have been harmed or injured due to substandard medical care can receive the compensation they are entitled to.