Winning at Med Mal Jury Trials: Noteworthy Statistics

When you suffered serious patient harm or someone close to you died because of medical negligence by a Florida health care provider, it does not seem possible that you could lose in court. However, statistics gathered over the last 20 years by researchers from the National Institutes of Health (NIH) reveal that this scenario is quite common. In 2001, plaintiffs in medical malpractice cases won less than one-third of the cases that went to trial. The figures had not changed significantly by 2005 when plaintiffs prevailed in around 37 percent of trials, and the data has remained consistent since.

The numbers are worrisome if you suffered harm as a patient, but the data also includes interesting points about why plaintiffs do not tend to win in court. These factors should be taken into account when assessing settlement options, and you can count on a Miami failure to diagnose lawyer to advise you. An overview on med mal trials and the benefits of settling is also useful.

 Evidence is Key 

The primary reason that patients lose med mal cases that go to jury trial is weak evidence. The doctor-defendant prevails in 80 to 90 percent of jury cases because there is little proof with respect to:

• The standard of care that applies to the situation, which requires a comparison of the skills and training of your doctor and a hypothetical physician
• The link between a doctor’s breach of the standard of care and the harm being claimed by the patient, such that the patient would not have been injured but for the breach

Stronger evidence on these two factors obviously has an impact on the outcome, but there are other considerations as well. Even when you have sufficient proof, you need to be able to convince the jury of negligence. Medical experts are powerful in explaining complicated health-related topics. 

Advantages of Settling 

You should never agree to a lowball amount when you have strong evidence of medical negligence, and a Florida med mal lawyer will advise you on whether the offer of compensation is fair. Still, it is helpful to understand the advantages of settling.

• Based upon the statistics above, the risk of walking away with nothing is high.
• When you agree to an amount for your medical costs, lost wages, pain and suffering, and other losses, you gain certainty knowing they will be covered.
• Settling means you do not have to go to court, raising another concern with jury trials: Some plaintiffs do not fare well on the witness stand.
• Litigation can take several months or years in complicated med mal cases. Settlement enables you to resolve the case quickly and receive payment. 

Trust Your Case to a Skilled Florida Medical Malpractice Attorney

Every med mal claim is different, so it is crucial to consult with an experienced lawyer when considering settlement options and the risks of going to trial. For more information, please contact Freidin Brown, P.A. to set up a free consultation. We are happy to meet with you at our offices in Miami or Fort Myers.

Source:

ncbi.nlm.nih.gov/pmc/articles/PMC2628515/#:~:text=Jury%20Verdict%20Outcomes&text=The%20findings%20have%20been%20remarkably,of%20medical%20negligence%20%5B18%5D.