It’s devastating to realize the doctor or hospital you trusted may have caused more harm than healing, but it happens often. Medical negligence can lead to lifelong consequences, but deciding to pursue a lawsuit isn’t simple. Litigation can take a huge emotional, physical, and financial toll and for some it doesn’t seem worth the fight. On the other hand, if you have a strong case, the compensation could be worth the temporary inconvenience. Understanding what’s involved can help you make the best choice.
1. Understand what constitutes medical malpractice
Not every medical error or act of negligence counts as medical malpractice. To avoid pursuing an invalid claim, it’s crucial to understand what counts and what doesn’t.
Four factors must be present for a medical malpractice case:
- Established duty of care. When a healthcare provider accepts you as a patient and delivers a service – including a routine visit – that’s enough to establish that they owe you a duty of care.
- Breach of duty. A breach of duty occurs when a healthcare provider fails to meet the expected standard of care that other competent providers would meet.
- Direct causation. You must prove that the breach of duty directly caused your injury.
- Damages. You must have suffered some kind of harm, injury, or loss as a result of your provider’s negligence.
Common causes can include surgical errors, birth injuries, failing to warn of known risks, and failure to follow up. For example, if you had surgery and your doctor failed to monitor a complication you reported, that could be grounds for a lawsuit if your condition got worse.
2. Understand the benefits of filing a lawsuit
If you have a valid claim, filing a medical malpractice lawsuit can potentially cover medical expenses, lost wages, rehabilitation costs, and long-term care. The more severe your injuries are the higher the potential payout. For instance, cases involving catastrophic injuries are rare but settlements can reach hundreds of thousands or millions or dollars.
In addition to financial compensation, a lawsuit can give you a sense of closure and validate your feelings that the harm suffered was real. Money can’t erase your injuries but it can help you pay the bills and eliminate the stress of medical debt.
3. There’s a good chance your case will settle
If the idea of going to trial is unappealing, don’t worry too much. If you have a strong case, it will likely settle out of court. The majority of medical malpractice lawsuits settle, avoiding lengthy, expensive, and unpredictable jury trials. Where medical malpractice is concerned, you typically want to avoid a trial. Studies show that medical providers win 80% to 90% of jury trials with weak evidence, around 70% of borderline cases, and 50% of the trials in cases with strong evidence of medical negligence. That means even when you have strong evidence, you only have a 50% chance of winning.
If you pursue a lawsuit and are asked to settle, listen to your attorney and don’t push for a jury trial if your lawyer says to accept a settlement.
4. There are alternatives available
Sometimes medical malpractice lawsuits can be settled without filing a lawsuit first. But before you attempt to negotiate on your own, consult an attorney for representation.
You can also report doctors to licensing boards, which can lead to disciplinary action. Some hospitals have mediation programs to facilitate early resolution. These programs acknowledge harm and provide compensation, although it’s not always enough.
5. Lasting harm warrants a lawsuit
If your injury caused by medical negligence has caused permanent disability, like a brain injury, a lawsuit may be your best path to justice. When the physical, emotional, and financial losses are significant, a lawsuit can help. You shouldn’t have to go into debt to pay medical bills that aren’t your fault. In this case, the potential benefits far outweigh the risks and inconveniences of pursuing a lawsuit.
6. Assess the strength of your case
If you experienced medical negligence but don’t have much evidence, you might not have a case at all. For example, say you were prescribed a medication known to interact dangerously with another medication you’re taking, but you recognized the danger and didn’t take the drug. In this situation, you wouldn’t have a case because no harm was done. Similarly, if a medical error was made but you can’t prove a connection between that error and your injury, you probably can’t sue.
Pursue justice when it makes sense
Pursuing a medical malpractice lawsuit isn’t easy, but it can be the only clear path to recovering compensation and getting justice. The decision ultimately comes down to the severity of your injury and the ability to prove your case.
