Medical malpractice cases are challenging legal battles. They often hinge on whether the healthcare provider met the accepted standard of care, which is typically defined as the level and type of care a healthcare professional with similar experience would provide under similar circumstances.
Strong evidence vs weak evidence
Data collected over 20 years of research consistently shows that weaker evidence of medical negligence increases the likelihood of a verdict in favor of the physician. Doctors usually win most cases (80% to 90%), especially when evidence of negligence is weak. However, doctors only win half of the cases with strong evidence of negligence.
Strong evidence of negligence significantly increases the likelihood of a favorable outcome for plaintiffs, both in jury trials and settlements. This underscores the need for thorough documentation and expert evaluations in building a solid case for medical malpractice claims.
Proving medical malpractice requires specific evidence demonstrating a deviation from accepted medical standards. For this reason, it is crucial to obtain legal advice. Experienced medical malpractice attorneys know how to secure and interpret this evidence, which is essential for building a solid case.
Settlement outcomes and damages
The likelihood of a settlement payment increases with the strength of the evidence alleging negligence. For example, plaintiffs received a settlement payment in 91% of the cases judged negligent, 59% with unclear liability, and only 21% with defensible medical care.
The amount paid in settlements also correlates with the strength of the evidence. More substantial evidence results in larger settlement payments. For instance, in the study by Farber and White, the mean settlement was $14,109 for cases with “good” care, $146,160 for “ambiguous” care, and $203,209 for “bad” care.
The importance of evidence in medical malpractice claims cannot be overstated. Obtaining legal advice from experienced medical malpractice lawyers is essential for effectively handling the complexities of these cases, securing necessary evidence and increasing the chances of a successful outcome.