Robert A. Solomon, P.C.
Two Offices Serving New York & New Jersey

Are medical malpractice cases difficult to win?

Medical malpractice laws change and it's important that your attorney is up-to-date on the most current laws and regulations. You should know that it isn't really easy for plaintiffs to win a medical malpractice case, and as tighter restrictions are placed on malpractice lawsuits, it becomes even more difficult. For this reason, it's important to have everything you need in line before you file a case, so the evidence is in your favor.

One of the things that you may need to do is to have a signed document that supports your case from the beginning. For example, you may want to show that another doctor has agreed with you that you did not receive the standard of care acceptable in the medical community. Having this expert testimony along with your initial claim can help it get accepted.

You should know that expert witnesses have to meet standards to testify in court. Another thing to consider is that they must testify against other doctors, which is difficult for many to do. This means there are few expert witnesses to choose from. If you do find one, then the expert should be in the same field of study and even have the same amount of experience as the medical provider that you are filing a lawsuit against.

Something else to think about is that you can take steps to prevent medical malpractice, and you should if you are going to have surgery or seek medical treatment. You should ask if your doctor is board-certified, since this is valuable qualification. Ask questions about your care, and don't be afraid to question a doctor's opinion.

Source:, "The changing field of medical malpractice law: A conversation with attorney Benjamin Cittadino," Emily Brill, Oct. 21, 2016

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