When health is the very thing at risk, one would definitely want transparency and security. This is why many look into having malpractice insurance first before a significant medical procedure. Nevertheless, victims of medical malpractice are in a really tight spot as they would have to prioritize their recovery while they seek out justice for damages.
In the event that medical negligence or failure has occurred, one might ask, “Is winning a malpractice lawsuit possible?” Of course, any type of lawsuit has its own challenges. This depends on several factors, like the length of the case and the capabilities of the involved.
Find out more about the challenges of winning a medical malpractice lawsuit below:
Proving medical malpractice
To increase the chances of winning a medical malpractice, one must heighten their awareness or knowledge of the situation. Some important things to consider include the credibility of the doctor or the institution liable, the knowledge of the patient about the risks of the procedure, and the elements of the medical malpractice applicable.
Having direct evidence would make a strong case. But in case there isn’t any, the doctrine of res ipsa loquitur or the mere existence of an injury may justify the negligence.
Looking for competent lawyers
Another thing to consider would be finding a specialized, experienced, and highly-skilled lawyer to help you out in winning your case. The right one would give you enough confidence as they sift through the evidence and carefully analyze your situation.
Most healthcare professionals would not easily admit that they were in the wrong, because this could cost them everything. This is a stressful endeavor, and finding the right lawyer to effectively assist you and convince the jury is critical to success.
Paying for the cost of legal action
Specialized lawsuits like medical malpractice are usually more expensive than others. Depending on the duration of the case, this would inevitably cost a lot of money for the plaintiff, or the party bringing the legal action. This would evidently be more difficult for people of lower economic standing. They would need to work on having adequate financial assistance on the matter to make continuous progress with their case.
They say prevention is better than cure, because shouldering the latter could be unbearable. But as medical malpractice can happen at any time, arming yourself with knowledge and coverage from your trusted insurance companies in the Philippines would definitely be an advantage.