Why Are Medical Malpractice Cases Challenging to Win?

 

Medical malpractice is one of the most complex areas of personal injury law. Although injured victims have a right to pursue compensation when they have been hurt due to negligence, it doesn’t mean that it is always easy to win. There are many challenges that personal injury lawyers face when litigating medical malpractice cases, including proving medical negligence, convincing a jury that a doctor or health system was wrong, and dealing with piles of complex evidence. If you are considering bringing a medical malpractice lawsuit, it is important to understand the elements involved in proving medical malpractice and why these cases can be so challenging.

Proving Medical Negligence

Proving that a doctor’s actions (or inaction) amounted to medical negligence can be difficult. Even though they may have substantial evidence in the form of medical records, medical malpractice lawyers rely heavily on qualified medical experts to evaluate treatment, determine what the doctor actually did, and show what the provider should have done that would have been in line with the medical standard of care. Although these experts can be convincing, depending on the circumstances of the case, the defense may poke holes in their arguments by bringing-up other factors, such as genetics and lifestyle choices, that could have had an impact on a plaintiff’s injuries or condition.

Complex Evidence

The complex nature of the evidence presented in medical malpractice cases also makes it difficult to prove negligence. Jurors without a medical background may find it difficult to understand and interpret the evidence. Even when expert witnesses explain the evidence in a simple way, some jurors may still misunderstand what is presented and rule in the defendant’s (doctor’s) favor.

Convincing a Jury of a Physician’s Negligence

Many people hold doctors in high esteem just because of the job they do. Connecting the dots between a victim’s injuries and a doctor’s negligence is challenging, and juries tend to give doctors the benefit of the doubt. They know that the practice of medicine is difficult, and that there are often different ways to go about treating certain conditions. However, good medical malpractice lawyers know how to use evidence and present a case in a way that makes the malpractice seem like an obvious mistake.

Finding a Qualified Lawyer Is a Key to Success

Finding an attorney who is experienced in negotiating medical malpractice settlements and litigating medical malpractice cases in court is critical to winning your case. The cost of medical experts and other expenses in medical malpractice cases is very high, so finding an established medical malpractice law firm can also be important to the success of a claim.

A good lawyer will know how to gather and analyze massive amounts of medical evidence, have qualified professional medical experts they trust, and understand how to aggressively negotiate on their client’s behalf during settlement talks with a healthcare provider’s insurance company. If a medical malpractice case goes in front of a jury, an attorney’s demeanor, knowledge, communication style, and personality can be significant factors in helping jurors understand the case.

If you believe you or a loved one sustained injuries due to a medical professional’s negligence, contact an experienced medical malpractice lawyer.

This blog was originally posted on https://www.pa4law.com/why-are-medical-malpractice-cases-challenging-to-win/

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What to Do if You’re Involved in an Accident with an Uninsured or Underinsured Motorist

 

Being hurt in a car accident is traumatic and can be even more frustrating when an uninsured or underinsured driver is at fault for your injuries and property damage. There are several steps you can take to protect your rights and seek compensation to cover your medical bills and other damages. Having an experienced car accident attorney assess your case can help ease some of the stress you may be feeling and help you find options to protect your health and financial well-being.

Immediately Following an Accident

After any motor vehicle accident, your first priority should be your health and safety. Call 911 and wait for first responders to arrive. Take photos of the scene, your injuries, and anything else you think may be relevant. Gather contact and insurance information from any motorists who were involved. It is also a good idea to get contact information for any witnesses who may have seen what happened. If possible, obtain a copy of the police report at the scene. Make sure to seek medical attention to ensure you receive proper treatment for your injuries. Your medical records also provide valuable evidence that will back-up any insurance claims you file.

If a driver asks you not to call the police or offers you cash to avoid legal repercussions of not having insurance, do not accept it. There is no way to know what the total amount of your damages may be, and if you take what they offer, you may have no recourse for collecting compensation down the road.

Call Your Insurer

Report the accident to your insurance company. Before signing a statement or accepting a settlement, talk to an accident attorney. Most personal injury law firms offer free consultations, so speaking to an attorney will not cost you anything even if the attorney decides not to take your case.

Options for Recovering Compensation

Depending on the specifics of your auto insurance policy and the state in which you live, you may have several options. In “no-fault” states, your insurance company should pay for some or all of your medical expenses, lost time from work, car repairs, and other damages.

Uninsured/Underinsured Motorist Coverage

Although some states require motorists to carry UI/UIM insurance, it is very important to add it to your policy even it if is not mandated. Having adequate auto insurance coverage can help to ensure you get the medical care you need and protect your financial security in the event of an accident — especially one involving an underinsured or uninsured driver. This type of coverage can also help you get compensation for your injuries if you are hurt in a hit-and-run accident.

Personal Injury Protection

If you do not have uninsured motorist coverage, your Personal Injury Protection (PIP) insurance may pay for damages. For example, in Pennsylvania, drivers are required to have PIP insurance in the amounts of $5,000 in Medical Benefits coverage and Bodily Injury Liability coverage of $15,000 per person per crash (or $30,000 per collision), and $5000 in coverage for property damage.

Although you can bring a personal injury lawsuit against someone who does not carry liability auto insurance, it can be a losing battle out of the gate unless that person has significant assets. A good injury lawyer who is well-versed in handling uninsured and underinsured motorist cases can evaluate your case and help you determine which option may be appropriate for your specific circumstances.

This blog was originally posted on https://www.pa4law.com/what-to-do-if-youre-involved-in-an-accident-with-an-uninsured-or-underinsured-motorist/

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How Personal Injury Attorneys Prove Truck Driver Negligence

Accidents involving tractor-trailers and other commercial trucks can be life-altering. Even if you believe a truck driver was responsible for causing a crash, proving negligence in these types of cases can be challenging. Trucking companies and their insurers typically refuse to admit that their driver was at fault, so it is critical to hire a top car accident lawyer who understands how to prove negligence in these types of complex cases.

Causes of Truck Accidents Involving Truck Driver Negligence

Drowsy Driving – Even the most experienced truck driver can become impaired when driving while fatigued, Unfortunately, many trucking companies push drivers to make challenging deadlines and drive long hours without resting, leading to thousands of truck accidents each year.

Intoxication – Truck drivers who use drugs or drink pose a serious danger on the road. Impaired driving can lead to delayed reaction times, lack of coordination, reduced concentration, impaired vision, and poor judgment.  Many accidents are caused by drivers who are under the influence of drugs or alcohol. Truckers in this condition have delayed reaction times and often cannot avoid an accident.

Lack of experience or training – Truck drivers must be well-trained to properly maneuver large vehicles. Inexperienced, untrained drivers who do not have an understanding of how to handle hazards and potentially dangerous situations can cause significant injuries and fatalities.

Distracted driving – A truck driver can be distracted by their phone, equipment, work logs, or maps. Truck drivers who take their eyes off the road for just a few seconds can cause serious truck accidents including multi-car pileups, which can hurt or kill multiple parties.

Speeding and/or reckless driving – Reckless or aggressive driving and speeding cause thousands of needless accidents each year. When a trucker engages in these types of hazardous behaviors, the consequences can be deadly.

Truck Driver Negligence and Duty of Care

There are four elements to proving negligence in a truck accident case:

• The truck driver a duty of care
• The truck driver breached that duty
• An innocent victim sustained injuries
• The victim’s losses and injuries happened because of the breach of duty

Multiple parties may be liable in a truck driver negligence accident claim, including the truck driver and trucking company.

Investigating Truck Accident Claims

Truck accident claims are complex and require extensive investigation. Truck drivers, trucking companies, and other parties involved in the transportation of cargo must follow regulations set out by the Federal Motor Carrier Safety Administration (FMCSA).

Personal injury lawyers who have experience handling these types of cases understand that comprehensive evaluation of the truck driver’s and trucking company’s records is vital to establishing fault and determining whether FMCSA regulations have been violated. A truck accident attorney may use expert witnesses with a background in the trucking industry to identify inconsistencies, errors, and omissions that could indicate misconduct or negligence. Examples of evidence that can be used to prove truck driver negligence include:

• The driving and training records of the driver
• The truck driver’s medical records
• Logbooks, which include the number of hours driven, stops, breaks, and other information
• The truck’s black box recorder, which keeps track of travel and engine data
• Cell phone records
• Truck maintenance records
• Evidence of previous accidents or claims

Photos of the scene and vehicle damage, witness statements, police reports, and other valuable evidence can also help your lawyer prove negligence. An experienced accident lawyer will know how to determine which parties may be liable for damages, and to put all the evidence together to form a solid claim.

If you have been hurt or have lost a loved one in an accident with a commercial vehicle, contact an attorney.

This blog was originally posted on https://www.pa4law.com/how-personal-injury-attorneys-prove-truck-driver-negligence/

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Common Types of Trucking Accidents

Large commercial trucks such as tractor-trailers, 18-wheelers, and construction vehicles help keep the country’s economy humming. This means that there are thousands of big rigs on roadways every day. Due to their large size and weight, tractor-trailers can pose a unique danger to others on the road. If you or a loved one is injured in a collision with a big truck, finding a car accident law firm with attorneys who know how to handle these types of cases is a must. Knowing more about common types of truck accidents can help you become more aware of potential dangers when you’re driving and may even help you avoid a crash.

Types of Truck Crashes

Jackknife – When a truck driver brakes suddenly,  a trailer may swing out to a ninety-degree angle, hitting other vehicles and blocking the roadway. Jackknifing trucks often roll over and cause catastrophic car pileups that result in multiple injuries, fatalities, and significant property damage.

Blind Spot – Big rigs have much larger blind spots than smaller vehicles and cannot see other motorists when they are in these spaces. Attempting to change lanes when someone is in a blind spot can lead to a sideswipe or turning accident that can cause serious damage to a smaller vehicle and its occupants.

Under-ride – This type of truck accident is often deadly. When a truck stops quickly, a vehicle behind them may slide underneath the tractor-trailer. Although there are guards in place on most large trucks, sometimes these types of crashes are fatal.

Rollover – Although rollover accidents happen for a variety of reasons, improperly loaded cargo is one of the main causes of rollover accidents involving tractor-trailers.

Rear-end – Large trucks need significantly more distance than other vehicles to come to a complete stop. When a commercial truck crashes into the back of another vehicle, it can lead to a chain reaction that causes multiple injuries and serious damage.

Head-on – Regardless of whether a big truck is involved, head-on accidents are some of the deadliest collisions that occur on roadways.

Causes of Truck Accidents

Crashes involving large trucks can occur for many different reasons, but some of the most common include:

• Driver fatigue
• Distracted driving
• Driving under the influence
• Speeding and reckless driving
• Poor driver training
• Inadequate maintenance and repair
• Improper cargo loading
• Inclement weather

Injuries sustained in truck accidents can be life-altering. If a collision is caused by truck driver or trucking company negligence, a accident injury lawyer may be able to help injured victims recover compensation from all responsible parties.

Keeping Yourself Safe on the Road

Paying attention to your surroundings when driving is vital. Approach and pass big rigs and other large vehicles with caution. Avoid traveling in blind spots or directly next to a semi-truck. It is a good idea to always assume that a truck driver can’t see you and to pass as quickly and safely as possible. Do not tailgate:  maintain a safe distance between your vehicle and any truck that is in front of you. If you notice a truck that is swerving or drifting, stay away from it. If you are in an accident with a commercial truck, take steps to protect your rights and interests.

Being injured in an accident involving a big truck can be traumatic, but you don’t have to go it alone. Contact a PI attorney for a free case evaluation.

This blog was originally posted on https://www.pa4law.com/common-types-of-trucking-accidents/

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