What Factors Influence Winning a Medical Malpractice Case?

The outcome of a medical malpractice case is influenced by a number of factors. These include:

• The severity of the harm suffered by the patient.
• The strength of the evidence supporting the legal claim.
• The experience and skill of the attorneys involved in the case.
• The laws governing medical malpractice in the State of Florida.

The Severity of the Harm

The severity of the harm is a critical issue in the outcome of a medical malpractice case. But first, remember that the plaintiff must prove both that the hospital or doctor had a duty to the patient and that the hospital or doctor’s conduct caused or contributed to these injuries.

In general, the more severe the injury, the greater the damages awarded. Some of the highest awards are granted where the patient suffered grave injury or even death related to the negligence of the doctor. Birth injuries, surgical errors, and medication errors that lead to serious injury, permanent disability or death can result in substantial settlements or jury verdicts.

By contrast, minor cases bring far less. For example, a case involving a resolved allergic reaction to prescribing the wrong medication or a resolved short-term disability related to minor surgical mistakes will likely bring an award of significantly less money.

Be aware, though, that each case is unique and will have a unique outcome.

The Strength of the Evidence Supporting the Claim

Another important factor that will influence the outcome of a case involving medical malpractice is the strength of the evidence. In Florida, there must be expert testimony by a qualified person who can testify about the standard of care and whether and how it was not met in the case.

In most cases, both sides will have one or more expert witnesses. The plaintiff’s witness will typically testify that the standard of care was not met, while the hospital or doctor’s expert witness will say that it was. How are the conflicting points of view resolved? If the matter goes to trial, the jury will decide the strength of the evidence and the relative truthfulness, credibility and experience of each medical expert.

The Skill and Experience of the Attorney Matters  

Finally, the skill and experience of the attorney(s) handling the case have a major impact on the outcome. If at all possible, if you have a medical malpractice claim to litigate you should seek out an experienced Fort Lauderdale medical malpractice attorney or Orlando medical malpractice lawyer at Osborne, Francis & Pettis.  Our firm has been consistently ranked as one of the best medical malpractice firms in both Fort Lauderdale and Orlando.

It’s important for your lawyer to have a strong understanding of Florida medical malpractice laws, including the elements of proving a legal case, how to retain the right expert witnesses, what damages are recoverable, and how to develop a winning strategy.

Moreover, if your attorney has an excellent reputation for preparing, trying and winning medical malpractice cases, he or she may be able to negotiate an excellent settlement, which will allow you to forego the time and expense of a trial.

Contact a Ft. Lauderdale Medical Malpractice Attorney

Overall, the outcome of a medical malpractice case can be influenced by a variety of factors, including the severity of the injury or harm, the strength of the evidence, the skill and experience of the attorneys, and the legal jurisdiction. Because of this, you should consider contacting a Ft. Lauderdale medical malpractice attorney or Orlando medical malpractice lawyer at Osborne, Francis & Pettis to review the specifics of your case, help you understand your rights, and guide you through the legal process.

But you must act quickly, because there is a two-year statute of limitations for filing a medical malpractice lawsuit in the State of Florida, and the information-gathering process can be time-consuming and is considered part of that timeframe. If you believe that you or your loved one has been impacted by a medical mistake, contact us for a free and confidential legal consultation.

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