Did you or a loved one recently receive inadequate care at a hospital or other medical facility? If so, you’re probably wondering if you can file a medical malpractice suit against that facility and what your odds of winning might be. Here’s what you need to know.
Statistics on Winning Medical Malpractice Cases
Medical malpractice occurs when a doctor or other healthcare provider fails to provide the degree of care that another medical provider with the same credentials would have provided under similar circumstances. Medical malpractice claims allow those who suffer inadequate care to seek financial compensation for the consequences.
Even when a patient is clearly harmed by a medical procedure or a medication error, winning a medical malpractice case is not guaranteed. Studies show that “physicians win 80% to 90% of the jury trials with weak evidence of medical negligence, approximately 70% of the borderline cases, and even 50% of the trials in cases with strong evidence of medical negligence.” However, most medical malpractice cases do not go to trial. The vast majority of successful medical malpractice claims settle before going to trial, with nearly 97 percent settling out of court, according to Forbes. Forbes also states that Pennsylvania has the third highest medical malpractice payouts, behind only New York and Florida.
Pennsylvania recently enacted a law allowing victims of medical malpractice to sue physicians and hospitals in any county where they do business or have substantial contacts rather than only the county where treatment was provided.
Every case is different and requires a uniquely tailored approach from an experienced medical malpractice lawyer. With a highly skilled attorney from Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck, P.C. on your side, you can rest assured that we will do everything in our power to build a robust case and seek your best outcome.
How an Experienced Medical Malpractice Attorney Can Make a Difference
If a medical professional’s negligence injured you, you need a seasoned medical malpractice lawyer to help you prove medical malpractice. Your attorney can build your case by:
- Thoroughly investigating the facts and circumstances of the medical treatment or surgical errors that harmed you
- Collecting all of your relevant medical records and bills related to the alleged malpractice
- Deposing the doctor, nurses, and other medical providers who assisted in your care
- Consulting with medical experts about how the doctor breached the duty of care in your case
- Developing the strong evidence needed to support a medical malpractice lawsuit
When you hire the experienced medical malpractice lawyers from Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck, P.C., you can be confident you made the right choice. Although past results do not guarantee future success, we have obtained favorable outcomes in many personal injury lawsuits and medical malpractice cases, including the following:
- $15 million jury trial verdict for pediatric kidney damage requiring a transplant
- $14 million settlement for failure to monitor vital signs resulting in death
- $11.2 million verdict for failure to diagnose a brain tumor
While winning a medical malpractice case is difficult, a seasoned and knowledgeable attorney can help the jury understand complex medical terminology and demonstrate how your doctor breached the standard of care.
Difficulty in Proving Medical Malpractice Against a Hospital
Malpractice comes in many different forms, each distinct and involving a unique set of facts. Some of the most common types of medical malpractice giving rise to medical malpractice claims are:
- Misdiagnosis – Misdiagnosis is failing to diagnose an illness or disease accurately, which often occurs when a medical provider improperly diagnoses a patient’s symptoms.
- Surgical errors – Errors during surgery are a common type of medical malpractice. Mistakes made during a surgical procedure include operating on the wrong leg or leaving sponges in a patient’s abdomen.
- Failure to treat – Another type of malpractice is a doctor’s failure to treat the condition from which their patient is suffering. This can occur when medical professionals do not order the correct tests or the tests they ordered provide incorrect results.
Medical malpractice lawsuits can be difficult to win because of their complexities. Juries must examine and interpret complicated evidence to understand how the healthcare provider deviated from accepted standards, which they are likely unfamiliar with. That’s why these cases are best left in the hands of experienced medical malpractice attorneys who understand the high burden of proof, how to meet it, and how to explain the stakes to the non-professionals asked to render a judgment.
Factors that Can Affect the Outcome of Your Medical Malpractice Lawsuit
Whether you can successfully settle your case or win at trial depends on several factors, including:
- The strength of your case – The strength of your case depends on your underlying evidence. A Pennsylvania medical malpractice lawyer can develop robust legal arguments based on the information they uncover, including hospital records, treatment plans, doctor and nurse notes, administration records, diagnostic test results, and eyewitness testimony. This evidence demonstrates how you were injured and the extent of your financial losses for medical bills for your treatment and recovery.
- Evidence of negligence – An experienced attorney can use the evidence they uncovered to show the doctor’s or hospital’s negligence. This includes proving that a doctor-patient relationship existed and that the provider breached the duty of care, causing your injuries and losses.
- Expert witness testimony – A medical malpractice case is often a battle of the experts. Your medical expert will testify as to how the treatment you received resulted in the harm you suffered and how the physician failed to meet the standard of care. The jury must be persuaded by their testimony instead of the defense expert, who will testify that the doctor performed the procedure as any other doctor would have with the same credentials under the same circumstances.
Having an experienced lawyer from our law firm on your side can give you the peace of mind of knowing that your case is in capable hands.
Contact an Experienced Medical Malpractice Lawyer for a Free Consultation
For life’s toughest trials, you need Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck, P.C. We know what it takes to effectively handle even the most complex medical malpractice claims, and we’re prepared to get to work on yours today. Don’t delay – contact us today for a free consultation with our medical malpractice lawyers.
BUSINESS INFORMATION
Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck, P.C.
1634 Spruce St, Philadelphia, PA, 19103
Phone: (215) 585-2814
Email: info@erlegal.com
