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What Are the Odds of Winning a Medical Malpractice Lawsuit?

Posted on October 23, 2023

The odds of winning a medical malpractice suit depend on several key factors. However, according to a large-scale study of claims, patients win 50 percent of cases when there is strong evidence of medical negligence.

What the Numbers Say

According to a study from the NIH completed on two decades of research on medical malpractice outcomes, the odds of winning are as follows:

  • Patients win 10 to 20 percent of jury trials where the evidence of medical negligence is weak.
  • In borderline situations, patients secure a favorable outcome in approximately 30 percent of jury trials.
  • In instances where there is substantial evidence of medical negligence, patients win in 50 percent of cases.

Why Winning a Medical Malpractice Case is Challenging

There are several formidable challenges in medical malpractice cases. Firstly, establishing a breach of duty, which requires demonstrating that the healthcare provider deviated from the accepted standard of care, demands substantial evidence and expert testimony.

Causation, another critical element, necessitates proving a direct link between the breach and the patient’s harm or injury, a task often complicated by the complex nature of medical procedures and conditions.

Moreover, healthcare providers typically have access to experienced legal teams and robust legal defenses, making it an uphill battle for plaintiffs (victims). Additionally, the healthcare industry is heavily regulated, and navigating the intricacies of medical standards and practices can be extremely difficult. All these factors combined make winning exceptionally difficult, underscoring the need for highly skilled legal representation and a strong evidentiary foundation.

How To Win a Medical Malpractice Claim

Here are some essential steps to improve your odds of a successful outcome in a medical malpractice case.

Hire a Skilled Medical Malpractice Attorney

Without legal representation, you may find yourself at a significant disadvantage, potentially jeopardizing your chances of receiving compensation. Attorneys play a pivotal role in investigating the details surrounding a medical malpractice incident. They have the resources and network to gather crucial evidence, consult and hire medical experts, and review medical records thoroughly to establish a solid foundation for the case.

The legal process can also be daunting. Attorneys are skilled in navigating court proceedings, filing necessary documents, and adhering to deadlines. They will prevent any potential pitfalls that could harm the case.

Another primary benefit of hiring an attorney is their willingness and ability to stand up against formidable opponents. They are not intimidated by large healthcare companies’ significant legal teams and insurance companies. They will fight for your rights to ensure you recover fair compensation.

Keep Thorough Documentation

Keep records of all correspondence with healthcare providers, medical records, bills, and a detailed description of the care you received, your resulting harm, daily symptoms, and their impact on your life.

Accurate and detailed documentation serves as a comprehensive record of a patient’s medical history, treatment, and the healthcare provider’s actions. It provides a clear timeline of events, helping establish a standard of care and identify deviations.

Moreover, it offers tangible evidence that can be scrutinized by medical experts and presented in court. Without thorough documentation, it becomes challenging to prove negligence or establish a causal link between the provider’s actions and your harm.

Hire Expert Testimony

Expert testimony holds immense significance in medical malpractice cases. These cases often hinge on complex medical knowledge and standards of care. Expert witnesses provide invaluable insight into whether the healthcare provider’s actions met the accepted standards. Their testimony lends credibility and clarity to the case, helping judges and juries make informed decisions.

Contact A Philadelphia Medical Malpractice Attorney Today

Contact A Philadelphia Medical Malpractice Attorney Today

If you or a loved one has been harmed due to medical malpractice, arrange a free consultation with a trusted Philadelphia medical malpractice lawyer today. We can discuss your legal options and the best course of action to recover the compensation and justice you deserve. Contact or call us at (215)-569-0200.