Medical Malpractice Cases And Lawsuits


This is about how medical malpractice cases are handled in general and, more particular, how medical malpractice lawsuits are handled in the court system.

It is often said that medical providers, such as doctors, win most cases brought against them. This is true for two reasons. First, because medical malpractice cases are expensive to pursue, a lawyer will not handle one of these cases unless the lawyer feels very confident that he/she will win. Bad or questionable cases do not become lawsuits. Second, because the verdict in a medical malpractice lawsuit can be enormous, if the lawsuit appears to be a good case, the parties will settle the lawsuit without going to trial.

While medical malpractice lawsuits are the same as standard civil suits in many ways, they are also very different. Most medical malpractice cases are more complex than normal cases. Generally, there are several medical factors that can cause the same injury to a patient and the lawyer has to explain why it was one factor and not another factor that caused the injury.

Also, Courts follow rules of evidence which limit the evidence which may be admitted in Court to prove or disprove a fact. Often, because of the technical aspect of medical malpractice cases, the applicable rules of evidence are also more technical.

Additionally, because most people are not medical providers, juries in medical malpractice cases rely heavily on expert witnesses. Most people drive, and with a standard car accident case, they can rely on their own experiences to understand what actually happened. The same is not true in medical malpractice lawsuits. People have to rely on experts to explain what happened and why.

This is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.

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