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Challenges of Winning a Medical Malpractice Lawsuit
Medical malpractice cases are notoriously challenging. Complex medical evidence and juror bias pose particular difficulties for plaintiffs. And while you might hear of success stories with enormous settlements and millions awarded to the plaintiff, these cases are quite rare. More often, a medical malpractice case is won only with the best resources, experienced experts, and a convincing lawyer.

The challenges in winning a malpractice case include proving a physician's negligence and presenting a persuasive, yet easily understood case to the jury. But it all begins with a highly qualified and experienced lawyer. With the right medical malpractice attorney in your corner, you will be well equipped to succeed in court.

The Primary Challenges of a Medical Malpractice Case: 

  1. Proving medical negligence. In understanding what took place, a lawyer will typically have little more than the physician's own notes for reference. These may be self-serving, vague, and riddled with complex medical science terms. That's why sifting through detailed notes of foreign words and medical acronyms requires the assistance of medical experts. With their referral, your lawyer can better-understand the physician's course of treatment, what they did, and how they breached the standard of care.
  2. Convincing the jury that negligence took place. Juries typically sympathize with doctors, believing that they are extensively trained, generally compassionate, and often faced with insurmountable challenges. And so, unless they committed explicit wrongdoing, doctors commonly receive the benefit of the doubt. This particular challenge is why expert medical witnesses are integral to the success of a malpractice case. They will explain a case coherently and compellingly to convince the jury of the doctor's malpractice.
  3. Working with the right lawyer. A sufficient lawyer–one who is thoroughly experienced, knowledgeable in the field of medical malpractice, and well-connected among medical experts, is critical to the success of your case. That's because medical malpractice is an extremely specialized area of law and demands the attorney's keen understanding of medical evidence and their proper utilization of quality resources.

If you or a loved one has suffered the consequences of medical malpractice, there is help available to you. We at Peach and Weathers are well-recognized for our success in medical malpractice cases throughout Southern California, and we are here to serve the Redlands and surrounding area with attentive care and proven expertise. Please do not hesitate to reach out for legal counsel and expert advocacy in this particularly challenging time.

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