Skip to Content

Why Medical Malpractice Claims Can Feel Like an Uphill Battle


Whenever a plaintiff creates a civil lawsuit or threatens to create one, they should reasonably anticipate some resistance from the defendant; no one, even those who know they have done wrong, like to pay out of their own pocket to set things right. This level of confrontation can be magnified tenfold when a plaintiff has to file a medical malpractice claim against a hospital, clinic, doctor, surgeon, or any other party related to the medical field. In fact, the legal battle that ensues can feel so uphill for the plaintiff that the majority of medical malpractice cases end out of their favor.

Medical malpractice defendants are notoriously difficult to defeat in litigation due to:

  • No admittance of fault: In the typical personal injury case, the defendant might be willing to admit that they had done wrong but also say that they should not be held liable for any damages. In a medical malpractice claim, this will essentially never happen due to how much is on the line. If a doctor admits to fault to any degree, they could lose their license to practice permanently; if a medical institution admits they did wrong, they know that millions of dollars in costs could fall on their shoulders. From the get-go, the plaintiff is facing off against an opposition most stubborn.

  • Team of lawyers: A medical institution that does not have a team of defense attorneys on staff or on speed dial is a myth. With reputations and finances riding on the outcome of a claim, defendants in medical malpractice cases are always at the ready to try to shut down complaints and claims before they have a chance to gain momentum. Even a single doctor could be backed by a powerhouse of legal associates if they belong to a union. The odds may seem so stacked against the plaintiff that no settlement amount is ever offered.

  • Burden of proof: The plaintiff in a medical malpractice case has the burden of proof on their shoulders, which is to say that if they want to win the case, they need to put in the legwork, or hire a lawyer who can do it for them. There are three things that need to be established to win a medical malpractice case: a doctor-patient relationship existed between the plaintiff and defendant; harm was done to the patient through negligence or willful deviation from accepted practices; and that harm requires compensation for recovery.

Take the Initiative & Take Control of Your Case

Medical malpractice cases are difficult, there is no arguing that fact, but they are not impossible. At Brett H. Oppenheimer, PLLC, our Louisville medical malpractice attorney has been representing the wrongfully injured for more than 25 years, and one of our biggest case results was a medical malpractice case that awarded our client six million dollars.

Contact us today to start working on your case and moving towards a better future.

Share To:

Most Recent Posts from August, 2016