As a victim of medical malpractice, you might find it difficult to understand why medical malpractice is hard to prove. You know you went to a doctor or hospital for treatment. And you know that after receiving that treatment, your condition worsened due to the actions of that medical professional. That may seem like all the evidence you need. Unfortunately, the process of proving medical malpractice is more complicated than that. And you need a good Philadelphia medical malpractice law firm to help you prove it, even if you know for certain it happened.
How an Attorney Proves Medical Malpractice
Why is it Hard to Prove Medical Malpractice?
At Wapner Newman, we often receive the question, “Is medical malpractice difficult to prove?” We answer truthfully by saying that it is and explaining why. The main thing that makes it difficult to prove is that the average jury doesn’t understand medicine as well as a doctor. Thus, we need to explain every aspect of the case in ways that the jury will understand, and we need to provide evidence from an authority the jury will believe.
Typically, this means we consult with physicians who have decades of experience in their field. We use the testimony of these physicians to explain complex questions of medicine and law.
What Caused the Injury?
A consulting physician needs to be able to explain what caused the harm to our client and how the defendant’s negligence was responsible for that harm. For example, suppose our client suffered a heart attack. In that case, the physician needs to be able to explain how that heart attack wouldn’t have occurred if the defendant had properly diagnosed the underlying condition.
What is the Standard of Care?
In a medical malpractice case, a medical professional deviated from the standard of care. But that is only obvious if our consulting physician explains the standard of care for a patient with that condition. Furthermore, our witness needs to explain why the deviation wasn’t a safe alternative for treating the disease.
Who Should be Trusted?
The average person respects the knowledge of doctors and believes that doctors intend to act for the good of their patients. Getting a jury member to move past that trust is difficult. A witness must have an extensive medical history, decades of experience dealing with the applicable type of medicine, and familiarity with the case of the victim. Anything less, and the jury might choose to trust the defendant instead of our witness.
Medical Records Are Confidential
A Fact that Complicates the Process of Proving Medical Malpractice
Another thing that makes it difficult to prove medical malpractice is that the confidentiality of medical records is protected by law. While you can freely share your medical records with your attorney, we won’t easily be able to get records of other patients or information about the practices of a specific doctor or hospital. We use investigators to get as much information as possible and may be able to subpoena records in some cases. But, typically, we are restricted in the information we can access.
Why Choose Us?
Choose Wapner Newman When You Need Results
At Wapner Newman, we believe that you can never have enough evidence. It is our practice to keep digging until we have turned over every rock . . . and then we look for more rocks. We understand the importance of strong evidence, especially in medical malpractice cases. Juries don’t just need to be convinced — they need to walk a mile in the shoes of the victim. Only then will they make the right decision. If you want a law firm that never stops fighting, choose Wapner Newman.
A Philadelphia Medical Malpractice Law Firm You Can Trust
We don’t deny that proving medical malpractice cases is hard. At Wapner Newman, we embrace the challenge. Our decades of experience with the law allows us to find the evidence we need to prove cases.
If you want experienced attorneys who are ready to fight to win difficult medical malpractice cases, contact Wapner Newman at (215) 569-0900 to schedule a free consultation.
FAQs about Proving Medical Malpractice
The law is complicated enough when you understand it. But when you don’t, it can be just mind-boggling. Hopefully, these answers to common questions will help put your mind at ease.
In Pennsylvania, is medical malpractice difficult to prove?
The standards for proving a civil case are roughly the same in every state. Medical malpractice is reasonably hard to prove, but our law firm has an excellent success record.
Do all medical malpractice cases go to trial?
No, the majority are resolved before trial via a settlement. However, we still need to produce enough strong evidence that we would be likely to win at trial before an insurance company agrees to negotiate a settlement.
Why is an insurance company involved?
Even though a doctor or hospital was negligent, an insurance company typically pays compensation as part of a malpractice insurance policy.
If the doctor has malpractice insurance, why do I even have to file a lawsuit?
You have to file the lawsuit, or at least begin the process, because the insurance company won’t pay compensation based on an allegation. So your attorney needs to effectively prove your case before the insurance company will pay anything.
Can I prove the malpractice without an attorney?
You can try, but you are unlikely to succeed. Most people who try to get money without representation get nothing.
If you have any other questions, feel free to ask. Our doors are always open, whether you are a client or not.
How hard is it to prove medical malpractice in Philadelphia? That depends on the quality of the law firm representing you. Call Wapner Newman at (215) 569-0900 to get the representation you can trust.