How Often Is a Malpractice Lawsuit Successful?
Modern medicine saves lives every year, and we all benefit from the medications, surgical procedures, and other types of treatments currently available. But unfortunately, the outcome of medical intervention isn’t always successful, and people do sometimes suffer because a doctor or nurse acted negligently. In Baltimore, you can file a malpractice lawsuit if you were injured or developed a disease due to a medical professional’s error.
Before you do so, you might want to know what the chances of success are. Not every malpractice case will win, and many people don’t receive the level of compensation they might have hoped for. This is especially the case if their evidence is weak, they only have slight injuries, and especially if they haven’t employed a top attorney to help them. Today, we will have a look at the success rate of such lawsuits and how you can increase your chances.
Is Your Malpractice Lawsuit Likely to Be Successful in Baltimore?
The rate of success of medical malpractice cases is variable and depends on several factors. However, more than half of the lawsuits filed won’t have a good outcome for the person who is suffering from an injury. There are several reasons for this, the primary one being that negative outcomes and unpleasant side effects are a natural consequence of getting treated at a clinic or hospital.
Every medicine and procedure has potential side effects and a chance of not doing its job. In fact, a failure rate of around 10% is to be expected in many cases. Thus, it often isn’t the doctor’s fault if something goes wrong. Unless you have strong evidence that they acted negligently and that you are now suffering for a prolonged time period, you are unlikely to gain the compensation you’re looking for.
The Quality of Your Evidence
The number one factor that influences the outcome of your lawsuit is the quality of the evidence you provide. If you can prove that the medical professional you worked with acted unethically and didn’t hold up their standard of care, the chances of winning are drastically improved and are likely to be over 50%, especially if the expert witnesses who are working on your case agree that the quality of care was poor.
However, if there is little evidence of a problem and your expert witnesses determine that the standard of care was good, the chance of failure is around 80-90%. For this reason, your attorney will analyze your case and make sure you have a good amount of evidence before taking you on. That way, disappointment can be prevented, and you have the best chance of receiving compensation.
The Extent of Your Injuries
Not everyone who has been hurt by a doctor can automatically claim compensation. If your injury heals within a few weeks and you haven’t lost a significant amount of work, you are unlikely to receive any money. Even if you are successful, the costs of your trial will likely swallow up the majority of your gains. On the other hand, someone who is suffering from life-altering symptoms will have a much easier time accessing the money they need.
When building up your case, you and your lawyer will discuss what your current condition is and how this is likely to change in the future. If you and your doctors believe that you will suffer in the long term, you should definitely file a malpractice lawsuit because you have a good chance of success.
The Quality of Your Lawyer
As you decide whether you’d like to pursue your medical malpractice case or not, it’s important to remember that the low success rate is partly due to the fact that not everyone hires top-quality lawyers in Baltimore. The chance of success is greatly reduced if you decide to file your claim on your own or to work with someone who lacks the necessary experience to compile a convincing amount of evidence.
Choosing a Good Lawyer for Your Case
So, how can you choose the best attorney for the job? You can start by looking at the websites of local law firms and finding out whether they take on medical malpractice cases on a regular basis. You should also check that they have a lot of experience in your area and that they have been successful in the past. In most cases, going with a large and well-respected firm is best because they are most likely to have the necessary resources.
First, check whether the firm you’ve chosen has been operating in the local area for a long time. If so, it’s much more likely that they have the experience and resources to help you win your case. For instance, they will have good connections to local expert witnesses, who can strengthen your case and prove that you were severely injured by the doctor in question.
You should also have a look at the types of cases they take on. Most firms have a “Practice Areas” section on their website, so you can easily find out more about the situations they work with and what strategies they employ to increase your chances of success.
A Good History of Success
There’s no point in working with a lawyer who doesn’t have a good history of success. For this reason, it’s essential that you check out the “Verdicts & Settlements” page and find out what outcomes they achieved in the past. This also gives you an opportunity to find out whether your case is similar to the ones they have worked on in recent years.
You should have a look at some client testimonials, which can tell you what your experience is going to be like. People who have worked with an attorney in the past can tell you whether communication was smooth, the attorney was empathetic and friendly, and the victim got the result they hoped for.
A Large and Well-Respected Firm
In the local area, you have the choice of working with independent lawyers or with larger firms that employ a great number of attorneys. The latter is often the safer choice because you are guaranteed the knowledge and wisdom of an entire team.
If your lawyer is unsure about something, they will contact other members of the firm and exchange opinions. That way, you can benefit from multiple perspectives. Similarly, you can ask to be represented by someone else if the first attorney you consult with doesn’t seem like a good fit.
Not every malpractice lawsuit will be successful in and around Baltimore. In fact, only 30-40% of people who make a claim will get the compensation they need to move on with their lives. This is because it can be extremely challenging to prove that you have severe injuries and that the medical professional is at fault. Sometimes, a judge might also dismiss a case because they don’t believe the consequences are life-changing and long-term.
One way you can drastically improve your chances of success is by hiring a highly competent attorney who regularly takes on medical malpractice cases. They will help you determine whether you have a good case and what level of compensation you can expect. Then, they will work with you to build a strong case and prove negligence. Call or message us now at Peter Angelos Law to request an initial consultation with one of our malpractice specialists.