Medical Malpractice: To Sue or Not Sue?

by Kristen White Blogger

Summary:

This article will discuss some deciding factors that determine pursuing a medical malpractice claim.

Main Text:

Every year thousands of patients in the United States suffer from medical malpractice issues. At the heart of these issues are medical errors and negligence. When medical staff deviate from the standard care, this is a direct contributing factor that leaves them and healthcare facilities open to litigation. Before pursuing a lawsuit, there are certain deciding factors that need to be considered by the victim of injury. This article will discuss these deciding factors that determine pursuing a medical malpractice claim.

There are many situations whereby a person harmed is not the victim of medical malpractice. Rather, the person is harmed when a normal procedure or certain biological concerns that are unforeseen occur. This in itself is a deciding factor that needs to be analyzed with the assistance of a medical malpractice attorney from top Anchorage law firms . Such an analysis has to happen before pursuing a medical malpractice claim.

It is important to note that bad outcomes of surgery or other medical procedures happen frequently. As a result, sometimes it is difficult to determine whether the outcome is malpractice or just the misfortune of the situation. Such complexities are better understood by medical experts and lawyers. These experts understand better if a legal matter should be pursued against the physician, healthcare facility or another party involved in the incident. Additionally, they may be the best to assess what other factors may be included in determining if a claim would be successful.

When pursuing a lawsuit against a person or entity this requires a great deal of money, time and energy. The lawsuit may come at the expense of everything else that demands a person’s attention such as family, friends, work and a social life. Another major concern is ensuring that there is enough evidence or testimony provided in order to strengthen the case against the defending physician or hospital. It must be noted that, according to statistics, more than half of all verdicts in medical malpractice suits are in favor of the defending party. The victim may not see any compensation as a result of this. Statistics show that there is almost a 30% chance of winning a case; as such the plaintiff must be sure there is a possibility of success.

Because of the associated complexities and costs of such cases experienced and reliable lawyers hired often use criterion that has been reset for these situations in determining the potential for success in a case. Screening the facts for these situations may prove to the professionals if there is a possibility of a win or a loss.

One of the most common factors considered in a medical malpractice suit is the nature of the action taken by the healthcare facility or physician as well as the severity of the injury. Severity is measured as to whether the injuries inflicted are permanent or temporary.

Another factor that must be considered is that the winning party’s costs in the case are covered entirely by the losing party in most instances. As a result, they must be sufficient evidence to support the case in order to win.

Resource Box: To call a Anchorage lawyer the author recommends the Crowson Law Group.