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Why are medical malpractice cases difficult to win?

Medical malpractice suits are notoriously difficult to win. In fact, more people lose these cases over winning them. This fact might be unfair but it’s also the truth.

What makes them so difficult to win?

The medical community is highly protected and doctors aren’t expected to never make a mistake. Unfortunately, not all treatment plans are going to work as intended. Doctors are required to provide a certain level of care to their patients and it’s very challenging to prove otherwise.

A patient who files a medical malpractice suit must prove one of the following:

  • The doctor was negligent and their actions did not meet the accepted standards of practice.
  • The hospital did not provide proper care (i.e. sanitation issues, poorly trained personal, administered incorrect medications, etc.).

How do juries typically react to medical malpractice cases?

It’s very important to note that most successful medical malpractice cases are commonly settled out of court. Juries routinely side with the defense (doctors, hospitals, care providers), because they understand that caring for a patient is hard work and there’s no perfect treatment plan.

Is there a statute of limitations for medical malpractice suits in Pennsylvania?

The state of Pennsylvania has a two year statute of limitations for medical malpractice claims. A suit must be filed within two years of obtaining or discovering the alleged injury.