Medical malpractice lawsuits can be difficult to win due to the major burden of proof on the patient to show the doctor or other health care professional was in fact negligent. There are three major issues you will need to address if you are to be successful:
- Proving the doctor was negligent. Legal professionals often need to work with medical experts to figure out what the doctor actually did (or did not do) and compare it to what a competent physician would have done in the same situation. Because there are often multiple ways to treat a single injury or illness, simply arguing that the doctor used the wrong treatment is not necessarily enough to prove negligence.
- Convincing the jury of the doctor’s negligence. Jury members typically feel that doctors have an extremely difficult job and that not all patients will come away with a good outcome. Physicians usually get the benefit of the doubt unless they made an obvious mistake or a plaintiff’s attorney is able to clearly demonstrate the doctor’s malpractice.
- Finding an attorney capable of handling the case. Malpractice cases are extremely complicated and technical, meaning you need a lawyer who has significant experience in the field to have the best chance of recovering monetary damages.
If you or someone close to you has suffered a serious injury or illness due to the negligent actions of a health care professional, consult a skilled San Diego medical malpractice lawyer with Thorsnes Bartolotta McGuire to learn more about your options.