Proving medical malpractice and hospital neglect is tough. Oftentimes
newspapers are filled with articles about lawsuits in which victims or their
estate was successfully granted big money to the victim. There is
seldom any news in the media about people who lost the battle. Losing is common
in medical malpractice suits for a variety of reasons.
What do you have to do to win the
case?
Prove the doctor's negligence
Phoenix, AZ medical malpractice lawyers such as Rudolph &
Hammond are of
the firm opinion that it is the onus of the plaintiff and their legal counsel
to prove a practitioner’s or hospital’s negligence if they want to
win the case. Since
the reputation and the career of the doctor is on the line, doctors never admit
guilt and often employ a fine legal team or one solid legal representative
(perhaps paid for by their hospital either way) to defend them. However, the
prosecutor has to rely on the often self-serving cryptic notes of the
doctor.
Legal professionals such as Rudolph &
Hammond work
with medical experts to make sure they have all the proof required to prove
what the doctor did was wrong through medical records marked as evidence. This is a
difficult task since there may be multiple ways to treat an illness and/or injury.
Juries
must be convinced that the doctor was negligent
For the
most part, doctors often end up successfully defending themselves in a lawsuit.
This is because juries believe that practicing medicine is a hard job and that
doctors give their best but can never be 100% successful with some patients.
Often times also in critical circumstances they might have to try to several
different methods to stop a condition.
Therefore,
juries are likely and rightly believe that they will not always have success
and tend to give a verdict in favor of the plaintiff only when a gross case of
negligence such as leaving something in the body during a surgery becomes evident.
But
harrowing medical malpractice and hospital neglect cases do happen due to
misdiagnosis, wrong site surgery, and anesthesia problems, to name a few.
Therefore, if you are a victim of medical negligence, it is prudent to seek
help from a Phoenix, AZ medical malpractice attorney as soon as possible.
This is most critical for any victim that wishes to
file a lawsuit. The fact is that you don’t need just any type of legal counsel
but from a law firm or lawyer that specializes in malpractice suits. Here are a
few reasons why you need medical malpractice specialist to fight your case.
- Remember, medical cases are complex and lawyers who have been handling cases such as this will be comfortable in dealing with the intricacies of a medical malpractice case.
- Secondly, insurance companies will not show any regard to a lawyer who does not know medical malpractice law and who has never shown the pedigree to take on cases of this complexity. This means your settlement will possibly take a nosedive if you choose the lawyer who does not know how to try these cases. Many times the insurers will refuse to make a decent offer if they find they will have to deal with an inexperienced legal representative.
- Medical malpractice suits require a team of medical experts, or perhaps just one or two, as witnesses for the prosecution or the plaintiff’s side. Most doctors will not want to provide testimony against another fellow physician unless that fellow doctor was clearly negligent or showed appalling judgment when working on this patient. Most medical malpractice lawyers will have their own doctors to offer testimony to help their case shine.
- It is important to remember that medical experts and their knowledge does not come cheap. It is not easy to get them to go against a fellow doctor but it is just as hard since they will miss valuable time not being in surgery and working. There has to be some serious incentive to get them to show up to court to help the victim win this case.
Even though medical malpractice and hospital neglect cases are
difficult to try, you can still meet the challenges head on if you have adept
legal counsel. Therefore, waste no time in
trying to secure a Phoenix medical malpractice lawyer such as those from Rudolph
& Hammond right away. The hospital or the clinic will certainly not do
this for you.
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