Lawyers in Palatka Florida Explain Why Proving Medical Malpractice Is So Difficult

It is difficult to miss the plethora of stories about successful medical malpractice cases. The legal world is a difficult business, and attorneys compete for cases that they think have a chance of success. Unfortunately, the truth is that most medical malpractice cases do not succeed. There are numerous reasons for this, beginning with finding qualified and experienced lawyers in Palatka Florida.

Finding an Attorney Who Can Fight for You

Medical malpractice is a very specialized area of personal injury law. For this reason, it can be challenging to find a medical malpractice attorney who wants to take your case, let alone one with the background to provide sufficient legal counsel. It is important that you find lawyers in Palatka Florida who specialize in medical malpractice.

The following are some reasons for this:

  • Medical malpractice cases are generally much more expensive than their personal injury counterparts. This is in large part because a successful case almost certainly will require the testimony of one or more medical experts, and these are costly. Your attorney will need to be prepared to bear the burden of these costs should your claim be unsuccessful, and one who does not specialize in this area is unlikely to be willing to do so.
  • Many doctors are unwilling to testify against one of their own; therefore, it is difficult to find such a doctor. A strong and experienced attorney will have a list of doctors who can be relied upon for such testimony.
  • Medical malpractice cases deal with complex issues, thus the need for a medical expert. Unless your attorney is very strong in the field of medical malpractice, she is unlikely to be able to deal with these complex ideas when presenting them to the jury.
  • An insurance company is unlikely to respect an attorney for the plaintiff who has no background in medical malpractice. A settlement is less likely to be forthcoming, therefore.

The Challenge of Proving Your Case

Even with a strong medical malpractice lawyer who specializes in this very technical field, it can be quite challenging to prove your case. One reason for this is that it is difficult to show the doctor’s negligence. Often the only real evidence is the notes kept by the doctor. The doctor is unlikely to acknowledge an error on his part, even in his notes. Such notes, indeed, can often be very difficult to understand. Another challenge you will find is that juries tend to side with the defendant in medical malpractice cases. This may be in part because they realize the difficulty inherent in diagnosing and treating medical conditions. There are often a number of different ways to treat a particular disease, and proving that the doctor was negligent can be problematic unless an obvious error was made.

Don’t Be Discouraged from Seeking Compensation

If you are a victim of medical malpractice, it is important that you don’t become discouraged by the difficulty you may face in proving your case. Knowledgeable lawyers in Palatka Florida may be able to help. Call Canan Law for legal expertise now at (904) 849-2266.


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