medical malpractice

Common Challenges in Medical Malpractice Claims

If you have been the victim of medical negligence, you may have incurred a significant amount of physical, mental, emotional, and financial suffering. In order to recoup at least some of what you have lost, you may do so by bringing a medical malpractice claim. Medical malpractice claims can be very difficult to successfully pursue for a number of reasons. Here, we will discuss some of the common obstacles claimants face in medical malpractice cases.

Common Challenges in Medical Malpractice Claims

One of the major barriers to succeeding in a medical malpractice claim seems to be the fact that many people will defer to a doctor’s judgment, no matter how unfavorable the results may have been for the patient. People consider a doctor’s job to be very difficult and usually give them the benefit of the doubt in decisions regarding patient care. This is a huge obstacle to overcome in a medical malpractice claim. This is because a doctor or treating medical provider is deemed to be negligent when he or she fails to exercise the requisite level of care in treating the patient.

Doctors and other medical professionals have a duty to act in a way that similarly situated and similarly located medical professionals would act under comparable circumstances. When medical professionals fail to uphold this duty, and a patient suffers as a result, a claim for medical malpractice may be substantiated. It can be difficult to prove that a doctor’s actions were a deviation from this standard of care. It will often require extensive expert testimony from other medical providers and health care experts to support the fact that the doctor or medical professional failed to treat a patient the way another medical professional would have under similar circumstances.

Another critical element that needs to be supported in order to successfully bring a medical malpractice claim is causation. It is not enough to show that a doctor was negligent. The doctor’s negligence must have been a direct cause of suffering for the patient. When a patient is already suffering from health concerns, it can be difficult to show that harm was caused by a doctor’s negligence as opposed to underlying health conditions. It can be difficult to prove that the harm suffered by the patient would not have happened even without the doctor’s negligence interfering.

Philadelphia Personal Injury Attorneys

Yes, medical malpractice claims can be difficult. However, they are often critical to give an injured patient an opportunity to recover the financial support necessary to pay for things like outstanding medical expenses, the cost of future medical care, and compensation for lost wages or loss of earning capacity. These are the fights that are worth fighting and need to be fought. In addition to getting an injured party much-needed compensation, medical malpractice claims hold health care professionals accountable for their negligence. This could help protect other patients from needlessly suffering under negligent medical care. The dedicated attorneys at Cooper Schall & Levy will tirelessly pursue your medical malpractice claim. Contact us today.