The trust that patients put in the abilities of their doctors is arguably
the greatest trust a person can give. As such, when medical professionals
fail to uphold their responsibilities, the resulting frustration that
a patient may feel is understandable. In many cases, individuals who are
harmed or believe to have been harmed by a doctor may wish to pursue legal
action against those responsible and seek justice for their suffering.
While this route is completely justifiable in many circumstances, as with
any sort of legal matter, it must be undergone with utmost care. If you
believe you have been a victim of medical malpractice, it is important
you consider the following factors before filing a claim.
The cost of legal action: Litigation can be a costly and lengthy endeavor, and there is no guarantee
that you will win. While you may feel strongly about your case, the courts
are disinterested neutral parties which may not see your case the same
way. Make sure that the cost and stress of a potential legal battle makes
sense before pursuing litigation.
The strength of your case: Medical negligence cases are difficult to win and require plaintiffs
to have strong evidence in their favor in order to succeed. While you
may have a strong gut feeling that a physician or nurse violated their
duty of care, if you do not have concrete proof, your chances of success are slim.
The responsible parties: Many malpractice cases fail simply because the wrong party was sued.
While many plaintiffs sue a hospital for a doctor’s negligence,
some doctors are not considered hospital employees and must be sued personally.
Likewise, identifying the responsible party may encourage or deter your
decision to file a claim. For example, if it is determined that a large
hospital with a solid reputation and considerable resources is to blame,
you could be facing a heated battle in court with a financial and emotional
toll that you may not be ready to take on.
The strength of your attorney: Medical malpractice claims are immensely complex and require the skills
of an experienced lawyer in order to be won. You will need to retain the
services of an attorney with an extensive track record handling these
types of cases.
While these tips can help you weigh your options, by far the most important
step before pursuing legal action is to consult with a legal professional.
At David C. Rash, P.A., our knowledgeable Miami medical malpractice lawyer
has won several multi-million dollar verdicts on behalf of injured patients
and can guide you towards a course of action that maximizes your chances
of securing the compensation you deserve. Call
(954) 914-7116 or
get in touch with us today to discuss your situation in detail.