Medical malpractice is medical care or treatment that falls below the standard of care and causes harm or death to a patient. Causation includes a failure to act in a particular way(s) that contributed to your injury or death. In medical malpractice lawsuits, healthcare providers and organizations may admit to substandard care but still deny causing harm. In African American and other ethnic communities, this behavior is seen more frequently. Regardless of race, causation is difficult to prove.
Why is the burden of proof on the plaintiff
The law places the burden of proof on the plaintiff in medical malpractice claims. The law accepts some risks with any medical procedure. For instance, if a surgeon leaves an instrument in a patient and the incision gets infected, it is difficult to prove that the surgeon’s actions caused the infection. The defense in that scenario would argue otherwise, making causation challenging to prove to a 100% degree of certainty.
Malpractice laws that benefit plaintiffs
Exciting news in medical malpractice claims since the laws changed in 2003. New technologies like 3D models, animations and computers allow juries and judges to see causation more clearly. Lawyers get significant compensation for clients and affect newer, safer policies in healthcare.
Improvements in malpractice claims that benefit underserved communities
The Harvard Medical Practice Study found further evidence of substandard healthcare in African American, Hispanic, undocumented immigrant communities and uninsured or underinsured persons. Many attorneys won’t accept or consider medical malpractice cases because of the difficulty to prove the causation factor. Your personal injury attorney should have the following skillset to represent your malpractice claim:
- Has the ability to appreciate both sides of the argument.
- Is tough, fights hard and has an actual malpractice success rate.
- Has a strong grasp and robust understanding of advanced technology.
- Wins significant compensation and demands policies that protect patients.
You don’t have to fight your claim alone. You could have an attorney who will fight for you increasing your chances for an optimal outcome.