Why Negotiating A Malpractice Settlement Is Difficult

Medical malpractice cases can be very difficult to handle. The majority of medical malpractice cases end with the plaintiff failing to receive a settlement. For this reason, it's a good idea to try to handle medical malpractice cases with the help of a medical malpractice attorney. You do not want to feel that you're in over your head when trying to negotiate your settlement.

Essential Elements of a Medical Malpractice Case

You will need to prove that your doctor was negligent. You must also prove that the act of negligence led to you becoming injured as a result. Even if you know for a fact that you were injured due to negligence, proving it is another matter. The doctor would need to act in a manner that the courts would consider unreasonable for a doctor. Therefore, you will need to provide evidence of generally accepted medical practices with the help of your attorney.

For example, if you received treatment several years ago and you would like to file a medical malpractice lawsuit, the treatment must have not been considered standard practice at the time that you received the treatment instead of at the time that you filed your medical malpractice claim.

The Underlying Condition

One of the struggles with medical malpractice cases is that the doctor is not responsible for the underlying condition itself. The doctor might be responsible for exacerbating or prolonging the condition but you will not be entitled to expenses that are only related to the condition. You might also experience an unpredictable complication that was not related to an act of negligence by the doctor.

Even if the doctor engages in malpractice, you might not have a claim if the act of malpractice would not have lead to your condition. For example, if your doctor only caused a treatment to be delayed for an hour, this delay might not have been enough to affect your prognosis.

Comparative Negligence

With a skilled medical malpractice attorney, you may be able to receive compensation for your injuries. However, you may also only be able to receive partial compensation if your damages are considered to be partially unavoidable. This is a common situation with medical treatments where your illness developed on its own and was only exacerbated by your doctor.

With the help of a medical malpractice attorney, you can determine whether you deserve compensation for pain and suffering, lost wages, and decreased earning potential. Any compensation you receive can help you focus on your recovery.

For more information about working with a medical malpractice attorney, contact a local law firm.