When a doctor or other medical provider doesn’t provide the degree of care that another provider with the same credentials under the same circumstances would have, and a patient is harmed, that could be medical malpractice. According to the American Medical Association, one in three doctors will be sued at least once during their career, with some surgical specialties having an even greater chance of being sued. Because of the risk of being harmed by a medical provider, medical malpractice lawsuits are prevalent. But how difficult are they to win for plaintiffs? 

The Challenge of Winning a Medical Malpractice Case

A recent study showed that physicians win 80-90% of medical malpractice cases with weak evidence of medical negligence. However, even in cases with strong evidence of medical negligence, doctors still receive a favorable verdict 50% of the time.

Medical malpractice cases are hard to win, highlighting the need for an experienced medical malpractice attorney. A skilled and knowledgeable attorney will help the jury understand the medical terminology and how your physician breached the standard of care. Although complex medical terms and care standards can impact your possibility of a successful outcome, the type of medical malpractice can also affect success rates. 

What Are the Most Common Types of Medical Malpractice?

The most common types of medical malpractice leading to medical malpractice claims are:

  • Misdiagnosis – Misdiagnosis can be a failure to diagnose an illness or diagnosing an incorrect illness. This occurs when a doctor improperly diagnoses a patient’s symptoms and is often related to a serious illness.
  • Surgical errors – Surgical errors could include operating on the wrong leg or leaving medical equipment in someone’s abdomen. These types of mistakes can result in devastating, life-altering effects for patients.
  • Failure to treat – Medical malpractice typically arising from an initial misdiagnosis can be considered a doctor’s failure to treat the condition from which their patient is suffering. This form of malpractice may occur when the doctor doesn’t order the correct tests or the tests are faulty.

If you were injured due to a doctor’s negligence, you must collect the necessary evidence – or even retain an expert to do it for you – to establish their liability in a successful claim. It is critical to contact an attorney shortly after the incident so they can assist with your claim from the start and work to increase your odds of a successful outcome.

What Changes Has Pennsylvania Made to Its Medical Malpractice Laws?

Pennsylvania recently enacted a law that allows medical malpractice victims to sue physicians and hospitals in any county where they do business or have substantial contacts. Under a prior regulation, they could only be sued in the county where the treatment was performed.

How will this affect the success rate for victims of medical malpractice? It will allow plaintiffs to file in Pennsylvania counties that are notoriously more plaintiff-friendly with more significant verdicts. Although prior verdicts are not a guarantee of success in other cases, the ability to select a friendlier venue may be more favorable to medical malpractice plaintiffs. 

Contact an Erie, Pennsylvania, Medical Malpractice Lawyer

If you have experienced an injury due to medical malpractice, contact McCormick & Vilushis. We fight for compensation for those who suffered injuries and losses at the hands of medical providers. Contact us online or call us today for a free case consultation to learn how we can help.