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Medical Malpractice Damages

In approximately one-third of all medical malpractice cases won by plaintiffs, the medical malpractice damages reached $1 million or more. Yet of all the medical malpractice cases that are filed each year, only 35% ever reach a settlement; the rest are dropped. Part of the reason is malpractice cases are so difficult to prove, since the defendant wrote the medical reports that are used as evidence in the case. It takes a skilled and experienced medical malpractice lawyer to find the facts of the case from other sources and prove errors or negligence on the part of the physician. In addition, it can be difficult in some cases to discover all the defendants. In some cases, it may be the hospital, an hospital employee, and/or a doctor who is an independent contractor. Your medical malpractice attorney can tell you if you have a case that is worth pursuing.

Fast Facts

  • A plaintiff may not know how their injury occurred or who was negligent, but the injury itself could only have occurred through negligence. The plaintiff can invoke the principle of "res ipsa loquitur," letting "the facts of the injury speak for themselves," while the malpractice attorney finds and proves the cause.

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