At Baratta Law, we have successfully represented hundreds of clients who have been catastrophically injured or lost loved ones due to medical negligence. Winning these complex medical malpractice cases requires skill, resources, and experience that few attorneys possess. In this blog, we’ll explain why these claims are so challenging and how Baratta Law is prepared to win your case.
1. Medical Malpractice Cases Are Costly and Lengthy
Medical malpractice lawsuits can take years to resolve and often require significant financial investment. At Baratta Law, we understand that to win your case, we must hire the best medical experts in every relevant field. These experts will help establish that the healthcare provider failed to meet the standard of care and caused harm.
For example, if a primary care physician (PCP) fails to diagnose a life-threatening condition like a blood clot, resulting in a patient’s death, multiple experts may be needed:
- A PCP expert to confirm the standard of care violation
- A pulmonologist or vascular surgeon to explain how the blood clot traveled to the lungs
- A forensic pathologist to determine the exact cause of death
- A cardiologist to rule out other potential causes, like heart disease
- An economist or vocational expert to assess the economic losses
These expert fees can easily reach $200,000 before trial and may double during litigation. It’s essential to hire a lawyer prepared to handle this level of investment.
2. Physicians Rarely Settle Malpractice Claims
Unlike other personal injury claims, doctors often refuse to settle medical malpractice cases because any settlement is reported to the National Practitioner Data Bank. This public record can affect their professional reputation, making it a “black mark” on their career. As a result, malpractice cases are fiercely contested, and settlements are rare. Baratta Law is prepared for these battles and knows how to handle the pressure.
3. Juries Favor Medical Professionals
Statistically, most medical malpractice trials result in a defense verdict because juries tend to sympathize with doctors and nurses. Even when medical mistakes happen, juries see healthcare providers as individuals trying to help their patients. Overcoming this bias requires a strategic approach, and Baratta Law is ready to meet this challenge head-on.
The Steps Baratta Law Takes to Win Your Malpractice Case
Here are the steps we take to ensure your medical malpractice claim has the best chance of success:
- Understanding the Case: We start by gathering all the facts and understanding the extent of harm or loss.
- Obtaining Medical Records: If there is evidence of catastrophic injury or death, we obtain all necessary medical records and diagnostic studies.
- Reviewing Medical Literature: We thoroughly examine the relevant medical literature to support our claims.
- Investigating the Defendant: We investigate the defendant’s history to uncover any potential patterns of negligence.
- Creating Timelines: We establish detailed timelines of events.
- Hiring Medical Experts: We bring in experts from multiple specialties to review and support the case.
- Filing the Lawsuit: If negligence is confirmed, and it causes catastrophic harm, we file the lawsuit.
- Taking Depositions: We take depositions of the medical providers to establish the standard of care violations and the resulting damages.
- Preparing Expert Reports: Our experts prepare comprehensive reports outlining the failures and damages.
- Using Focus Groups: We test various aspects of the case with focus groups to prepare for trial.
- Trial Preparation: We meticulously prepare for trial.
- Trial: We present the case with a compelling narrative backed by expert testimony and evidence.
Trust Baratta Law to Handle Your Complex Medical Malpractice Case
Each of these steps demands meticulous attention and a deep understanding of the medical malpractice litigation process. At Baratta Law, we have the expertise and resources needed to take on these complex cases and win. When you’re choosing a lawyer to represent you in a medical malpractice claim, make sure they are equipped to handle the unique challenges that come with this specialized area of law.e still focusing on your well-being. Our experienced attorneys are here to guide you through the process, ensuring that you receive the compensation you deserve.d a loss of bodily function.
