The Challenge of Proving Medical Malpractice!

Medical Malpractice

Medical malpractice is a specialized form of personal injury law that seeks to hold medical professionals responsible for injuries to their patients that result from negligence.

The premise of medical malpractice is the same as for any other personal injury claim in that if the injury was the result of another person’s negligence, the injured party should be compensated and made financially whole.

But as personal injury experts at Wagners Law Firm explain, the burden of proof for medical malpractice is significantly higher.

Medical Professionals Have More Leeway

Most medical procedures and treatments have associated risks that patients are aware of before they undergo those procedures and treatments. These risks cannot be eliminated, either by the medical professional who is performing the procedure or treatment or the facility where the procedure or treatment takes place. This is why patients have to sign acknowledgements and liability releases before they can undergo any procedures or treatments.

Although doctors, nurses, and other medical personnel have undergone rigorous and extensive training to perform their jobs, they are given more leeway than most other professionals in liability because they can’t always predict the outcome of treatments or procedures. There are too many variables for them to guarantee an outcome, so as long as they are performing their job in accordance with acceptable practices, they can’t be held liable.

Recognized Standard of Care is Crucial

To hold a medical professional liable for malpractice, you have to prove that they failed to exercise the expected level of care or skill that aligns with the recognized standard of care for another medical professional in similar circumstances. In other words, if they deviated from the standard of care that another trained physician would have administered in the same situation, and that deviation caused your injury, they may be held liable.

As you can see, you would have to prove that another doctor would have done something different in your case that would have prevented your injury in order to demonstrate medical malpractice.

This is not something you can probably do on your own, which is why it is almost always recommended that you hire a personal injury lawyer who is experienced in medical malpractice cases to represent your claim. There are so many nuances and specifics in medical malpractice cases that they are nearly impossible for inexperienced people to win.

Odds of Winning a Medical Malpractice Case

You must have strong evidence of negligence for your medical malpractice case to even have a chance at winning. Medical professionals win 80% to 90% of the cases that have weak evidence of negligence. Even with strong evidence, physicians win nearly 50% of the time. Juries in particular hold medical professionals in high esteem and have a difficult time holding them responsible for patient outcomes when it’s unclear if their actions or lack of actions led to an injury. 


If you believe you suffered an injury because of a medical professional’s negligence, speak to a lawyer who is experienced in such cases. They’ll be able to give you advice on your best path forward so that you can get the compensation you deserve.

Article and permission to publish here provided by Patrick Otto. Originally written for Supply Chain Game Changer and published on June 13, 2023.