The Challenges of Filing a Medical Malpractice Claim

The Challenges of Filing a Medical Malpractice Claim

Medical malpractice cases are often complex and, without proper legal assistance at your side, incredibly difficult to win. For every winning case you read about in news articles or see on the morning news, there are countless more that result in a loss. If you think simply hiring an attorney is enough, you would be wrong. Not all attorneys, or even personal injury attorneys, understand the intricacies of medical malpractice lawsuits. To truly stand a chance of winning your medical malpractice case, you will need a qualified and experienced attorney who specializes in this complex field. Otherwise, you are gambling the outcome of your case and leaving the fate of your future to chance.

Below are some of the challenges that are commonly encountered in a medical malpractice claim:

  • Proving the doctor’s negligence: Being able to prove negligence in a medical malpractice claim is among one of the most difficult challenges faced by injured patients. An experienced medical malpractice attorney will have crucial resources at his or her disposal, including medical experts, to uncover what went wrong and what the doctor should have done. Doctors rarely admit their mistakes, which is why your attorney will need the opinions and testimony of other experts to prove that negligence was involved.
  • Convincing the jury: It can be challenging to convince a jury of negligence if the doctor’s mistake cannot clearly be proven. Your attorney has to leave no room for doubt regarding the errors your doctor made, which led to your injury.
  • Pressure from the insurance company: The insurance company that represents the hospital facility or doctor who treated you will likely be uncooperative when the time comes to discuss a settlement if the attorney representing you does not specialize in medical malpractice. In fact, it is not uncommon for an insurer to refuse to make an offer if they believe the attorney lacks experience in this field.
  • Finding a qualified medical malpractice attorney: If you have a medical malpractice case, you will need a medical malpractice attorney. The fact is that this is an area of law that not many attorneys have expertise in, but it is absolutely necessary if you hope to win your claim. Keep in mind that the attorney you choose may not exclusively handle medical malpractice cases; however, medical malpractice claims should make up a significant percentage of his or her caseload.

Many of the challenges medical malpractice plaintiffs encounter when in the midst of such a claim and often be overcome with proper legal guidance. To ensure you are able to obtain maximum compensation, make sure you hire a skilled medical malpractice attorney as soon as possible.

Medical Malpractice Attorney in Florida

If you sustained an injury as a result of a medical professional’s negligent actions, you have a right to pursue fair and just compensation. At David C. Rash, P.A., our Florida medical malpractice team is backed by over 25 years of experience and a proven track record of success. We know this is a hard time for you, which is why you will not owe us any legal fees until we win your case.

Get started on your medical malpractice case today and reach out to our team at (954) 914-7116 to request your free initial case evaluation with one of our compassionate and knowledgeable attorneys.


Contact Us Today!

All Consultations are Free and Confidential
    • Please enter your first name.
    • Please enter your last name.
    • Please enter your email address.
      This isn't a valid email address.
    • This isn't a valid phone number.
    • Please make a selection.
    • Please enter a message.