4 Qualities of a Medical Malpractice Suit

As the dedicated legal team from Morales Law Firm knows, a medical malpractice suit is more complicated than your average lawsuit when it comes down to the intricacies. Various circumstances can and likely will affect the outcome, however, to get the best odds of winning, here are four qualities of some of the most successful medical malpractice suits:

1. The Case Involves a Significant Injury

The most obvious difference between successful and unsuccessful malpractice cases is the involvement of a significant injury resulting from a medical procedure. If you cannot prove that an injury occurred, do not count on winning the case. If your insurance will not cover your medical bills from the injury in question, you may be able to receive compensation for damages that you can prove in court.

2. The Case Proves the Liability of the Professional

The second difference is whether or not a plaintiff can prove that the medical professional in question is directly responsible for the significant injury that occurred. This proof may come in many forms, but it primarily needs to prove that reckless behavior occurred. This aspect is the most significant in the professional receiving punishment.

3. The Case Can Link the Professional to the Injury

The third and sealing factor that differentiates successful and unsuccessful medical malpractice cases is the ability to prove that the medical professional’s negligent behavior directly caused the serious injury in question. Once you can establish this link of responsibility, you have successfully proven your case and can feel comfortable that you have established positive odds to win your settlement.

4. The Plaintiff Has Behaved Responsibly Following the Injury

Occasionally, a misstep can be made by the plaintiff (i.e. you) that may compromise their case. Consult with a personal injury lawyer San Francisco, CA community members trust from Morales Law Firm before making any form of public statement regarding your injury. Some examples of behavior that run the risk of compromising your case are as follows:

• The plaintiff exceeds the statute of limitation in their state before they file their claim 
• The plaintiff gives compromising information to the defendant (i.e. the opposing insurance company)
• The plaintiff otherwise makes an agreement or signs a contract with the defendant
• The plaintiff makes a public statement (i.e. a social media post) that compromises the validity of their claim

Consult with your legal team before applying any of this advice to your case. By preparing ample evidence and remaining silent on all matters pertaining to your case, you can give yourself the best odds of receiving a settlement for your medical malpractice case. Call us now to get the legal assistance you need.