Assuming the patient goes to a doctor and gets a bad result, are these easy cases to win?
No, these are among the most difficult cases for a victim or victim’s attorney to win. In California, 9 out of 10 jury verdicts are in favor of the doctor . In order to bring a malpractice case to trial, it is necessary to have expert testimony describe what was done wrong and how it could have and should have been avoided. Good reliable experts are expensive and difficult to find. Often, doctors in the community won’t testify against one of their own colleagues and out of town doctors have to be brought in to testify. When the victim does win, the amount that victim can obtain is severely limited by legislation which was passed under heavy lobbying by the insurance industry and medical community.
Related Questions
- What if another doctor takes my ‘advice’ and something bad happens to their patient? Am I indirectly a consultant, accessory or abettor?
- If a patient goes to a doctor and the result is unfortunate, are these easy cases for a medical malpractice lawyer to win?
- Are Medical Malpractice cases easy to win?