What Are the Odds of Winning a Medical Negligence Claim?

By  //  April 29, 2022

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A medical malpractice can result in compensation for the injured patient. A successful lawsuit can give a patient the financial stability needed to move after a damaging medical negligence. Are you unsure of whether you should file a claim or not? 

A study made on medical malpractice case shows that physicians win around 80% or 90% of jury trials, and about 70% of cases are based on evidence. However, it’s difficult for patients to win medical malpractice cases alone – even the strongest evidence of medical negligence may not be enough if a malpractice professional lawyer doesn’t represent you in court.

New medical negligence statistics show that it’s worth hiring a medical malpractice lawyer in case you’ve suffered injuries due to a doctors’ mistake. 

The Challenges of a Medical Malpractice Case

Winning a medical malpractice case isn’t easy. More, the jury requires reasonable evidence to prove that a doctor breached their duty of care. The main proof needed is to bring a medical malpractice claim. Again, proving negligence might take hiring attorneys, prove evidence, and most important, following these challenges:

 Overcoming the pressure from insurance companies

Confusing medical evidence

The complex litigation processes

Medical witness or confirmation requirements   

It’s crucial to protect yourself by hiring an experienced lawyer of your own when pursuing compensation for medical malpractice. Since the chances are you won’t win the case yourself, it’s essential to aim for an agreement before the case gets to this point. 

How to Improve Your Chances of Winning the Case?

A winning medical negligence case requires strong evidence to prove your severe damages and injuries, and an experienced lawyer by your side. Hiring a lawyer is the best way to improve your chances to win the medical malpractice claim. Lawyers from Medical Negligence Law are doing their job properly in cases of injuries due to medical negligence.

They can also provide you free legal advice about how to file a claim. There is a panel of medical negligence solicitors that can provide a lot of useful guides and answer your questions. If you would like to make a claim, please get in touch with one of the friendly advisers. 

However, what is Medical Negligence? 

Medical negligence is when a doctor, a hospital, or other practitioner offer a patient treatment that falls under the standards of skills they are expecting. Medical negligence can lead to severe damage to patient’s health. Here are some examples of medical negligence and how it may occur. 

Misdiagnosis – it’s when the doctor fails to correctly diagnose your health problem, an illness, or an injury.

Surgical errors – when huge errors are made while carrying out a surgery.

Prescription mistakes – when a doctor or a pharmacist provide incorrect prescription of medicine, leading to overdose, or failure to treat an illness or an injury. 

Negligent medical advice. 

If you have any questions regarding the medical negligence law, please get in touch with an expert from a reliable law team. 

Statistics have shown that medical negligence cases recorded around £8.3 billion in 2020. More than 15,550 claims were documented and solved in 2019/2020, with a vast majority of almost 72% being solved before even reaching the court. 

How Long Does a Medical Negligence Take?

Many factors can impact how a claim progresses, mostly due to the severity of the injuries. If the person at fault admits responsibilities and accept the fact that they negatively caused injuries or illnesses to another person, the claim could be solved withing 9 months, or almost a year. There isn’t an amount of time that a medical negligence claim takes to be settled. 

A quick consideration here: if the injuries haven’t healed, or if the treatment is down the line, it might be the case that a lawyer chooses to wait and see how the injuries heal. It’s very important to consider the moment when you’re claiming compensation for your injuries. A medical malpractice claim can be done only once, so subsiding it too soon might not allow you to get compensation. If the person at fault denies obligation, the claim could take longer to be solved. 

Providing Medical Negligence is Tricky

The law around medical negligence isn’t easy; it is necessary to create the following:

The person at fault owed you a duty of care

They breached their duty of care

You suffered damages and injuries

If you are experiencing treatment at your local doctor, clinic, hospital, dentist, or optician, receiving medical treatment from a medical service means they owe you a duty of care. This means they should provide care in advance. If they fail to provide those duties, the doctor may be considered negligent. It is when a medical negligence lawyer can really help you. 

You may consider that money is enough to undo the harm suffered; but the amount of compensation you may receive might help you cope better with the financial situation, as well as providing you justice. 

Calculating compensation 

General damages

Special damages

General damages are awarded fir the psychological and physical damage that is done through medical negligence. The more severe the injury is, the more compensation you will receive. The amount of physical pain and suffering you experience, and how the injuries might have affected you, is the result of how much compensation you will receive. 

Special damages are the type of compensation you receive to cover any financial losses that result from medical negligence. It can include:

Loss of earnings

Care costs

Medication costs

Home adaption costs

To claim back these losses, you must provide enough evidence and the costs incurred, like invoices, receipts, bank statements, etc. The most important thing to consider when pursuing a medical negligence compensation claim is proving that a doctor has provided medical care below standards expected, and that you were harmed, as a result. 

If a lawyer agrees to take your case, it’s the first indication that your claim might have a change of success.