What are some medical malpractice cases I will likely win?


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Question:

What are some medical malpractice cases I will likely win?

Answer:

This is a somewhat unconventional twist on a common question. Many potential medical malpractice claimants want to know what “chance” they have of winning their case.

The facts of your situation are what they are; you don’t get to choose the kind of medical malpractice claim to bring. So it’s probably not all that helpful to form an objective list of the kinds of medical malpractice cases in which you’re likely to prevail, when the only thing that should matter to you is your own potential claim.

Having said all that, the kinds of medical malpractice cases in which you’ll “likely” win are probably those in which the issue of fault -- whether a health care professional committed medical negligence in treating you -- is clear and can’t really be disputed.

So, we’re talking about cases where the patient was harmed by something that obviously shouldn’t have happened. Wrong site surgery and a surgical procedure where an instrument is left inside a patient are two examples.

There is a fancy Latin term for cases like this: A medical malpractice case based on “res ipsa loquitur” is one in which 1) a patient is injured as the result of a medical procedure, 2) the patient does not know exactly what caused his or her injury, and 3) it is the type of injury that would not have occurred without negligence on the part of the health care provider.

On the other side of the coin, it’s much tougher to win a medical malpractice case when a patient has clearly suffered harm, but the defendant’s liability is a much more murky issue. Remember that just because a patient ends up with a less-than-favorable result from treatment, that doesn’t mean medical negligence was committed. Cases in which liability is up in the air usually end up coming down to a “battle of medical expert witnesses,” and the winner is typically the side with the expert who has done the better job of presenting his or her evidence and testimony to the jury.

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