The law is complicated enough as it is, but when it comes to medical malpractice cases things can very quickly become complex and confusing. Those legal teams which specialize in this branch of the law, such as those working at the law offices of Dr Bruce. G Fagel & Associates, have to put in so much work when it comes to these kinds of cases. This is because of the complexity of both the case and the gathering of evidence which can support it.
There are a number of reasons why this is so complex, and that is what we are going to take a look into today.
Mistakes in the Hospital
One of the main reasons why this becomes such a complex issue is that not every mistake which happens inside the hospital is classed as medical misconduct. We have to accept that we do not know everything about the human body and that sometimes it acts and behaves in ways that we don’t expect. When doctors make decisions about treatments, medications and surgeries, they do so based on what will have the highest chances of success. There are times when this doesn’t work out but this is not medical malpractice. Many victims and family of victims believe that there has been some wrongdoing after something happens, but this doesn’t mean that medical malpractice has been committed.
Proving The Case
Gathering enough evidence to prove malpractice is also not as easy as people realize. In fact what we often see, in some of the more minor cases, is that the patient waits far too long before they bring the case forward. In such situations we often see that they have left it too long before speaking up. This doesn’t make things impossible, but it does make things that much more difficult for the legal team to prove guilt.
As much as many would never care to admit it, we do often see hospitals close ranks in order to protect their staff wherever possible. This again is very much the case with minor claims, and that can make the lawyer’s job very difficult indeed. This is not to say that anyone would lie to protect their staff, but they can make it very difficult for lawyers in getting the evidence and the documentation which they may require.
There are of course a number of claims which are very obvious and very easy to prove. Incidents such as surgical equipment being left inside the body or performing the wrong operation are too big to ignore, and that is exactly why these are the simplest cases for the lawyers. The minor cases however, these become the most difficult to prove and that is where the law becomes incredibly complex for those involved in medical malpractice law.
As you can see, this is why there is so much complexity when it comes to a medical malpractice claim.