Only 20% of medical malpractice lawsuits are successful.
This is according to the National Practitioner Data Bank (NPBD), a government database of all medical malpractice reports and payments.
The NPBD reports that 80% of all medical malpractice lawsuits end with no payout. This shows how important it is to have experienced legal representation in medical malpractice cases.
The legal system is a complex structure that has many variables that can impact the outcome of a case. This complexity increases when you add in complicated medical jargon and skilled, experienced insurance companies.
Read on to discover what it takes to win a medical malpractice claim, with our without a personal injury attorney.
Here’s a snapshot of questions that are asked to prove medical malpractice:
- Was there a doctor-patient relationship?
- Did the doctor provide medical care up to the standard for medical professionals?
- Was the malpractice directly due to the health professional’s negligence?
- Can the patient prove they were harmed by the neglect?
If you do not have an attorney, you must answer and prove all of these questions. You will need to prove doctor did not meet the standard of care and that negligence played a role in the injury or death.
Medical Malpractice By the Numbers
- A study by John Hopkins University reported that over 250,000 people die in the U.S. each year due to medical error and negligence.
- There are approximately 12,500 malpractice cases annually.
- In Alabama, the NPDB shows nearly $274 million worth of medical malpractice payments from 2009 to 2018.
- Malpractices cases can take months, even years, to fight.
Another point to keep in mind is that the healthcare professional’s attorney may want to speak with you directly. They often take this opportunity to try to convince victims to settle for less money. That’s why it is best to have an attorney work and speak on your behalf.
Filing and winning a lawsuit involves experience, savvy, knowledge, and intuition. Attorneys have the benefit and skill to utilize their network and resources to fight and get you the compensation you deserve.
If you need an experienced medical malpractice attorney to help you navigate the complex legal process for your lawsuit, please contact the law firm of Timberlake & League. We can help.