Medical malpractice cases are among the most complex legal disputes involving intricate medical facts, expert testimony, and high stakes for both patients and healthcare providers. Unlike other personal injury cases, medical malpractice claims often take a long time to resolve, with settlements or verdicts occurring only after thorough investigations, negotiations, and sometimes trials.
If you’ve suffered an injury or illness because of medical negligence, call Shapiro, Washburn & Sharp at 833-997-1774 to schedule a free consultation to learn more about your legal rights and options for seeking justice and maximum compensation.
Why Are Medical Malpractice Cases More Complex Than Other Injury Cases?
Medical malpractice cases are inherently more complex because they involve both legal and medical standards. Plaintiffs must prove that a healthcare provider breached the accepted standard of care and that this breach directly caused their injury. Establishing these elements requires detailed medical evidence, expert testimony, and a thorough understanding of both medicine and the law.
Unlike a straightforward car accident case where fault may be immediately apparent, medical malpractice cases require in-depth analysis of medical records, diagnostic tests, and procedural notes. The defense often argues that the provider acted reasonably under the circumstances or that the patient’s condition would have occurred regardless of the provider’s actions. These layers of complexity add significant time to case resolution.
Why Do Medical Providers and Their Insurers Fight Claims Aggressively?
Healthcare providers and their insurance companies often fight medical malpractice claims aggressively to protect their reputations and financial interests. A settlement or verdict against a doctor can damage their career, trigger higher insurance premiums, and lead to scrutiny from licensing boards or professional organizations.
For example, if a doctor settles or loses a malpractice lawsuit in many states, including Virginia, it is reported to the National Practitioner Data Bank. Any time the doctor seeks credentials at another hospital, the evidence of the settlement or jury verdict appears and could have an adverse effect. That’s sometimes why these cases take so long and why doctors refuse to settle.
Insurers also have a financial incentive to minimize payouts. They typically conduct their own investigations and hire expert witnesses to refute claims of negligence. This adversarial approach leads to prolonged negotiations, as insurers may delay offering a fair settlement or deny liability outright, forcing the plaintiff to pursue the case further.
Why Is Expert Testimony Essential and Time-Consuming in These Cases?
Expert testimony is a cornerstone of medical malpractice cases, as it establishes the standard of care and how the provider deviated from it. Both the plaintiff and the defense must rely on qualified medical experts to present their cases. Finding, vetting, and coordinating with these experts takes time, as they need to review extensive medical records and provide detailed opinions.
Experts may also be required to testify at depositions or trials, further prolonging the case. Scheduling conflicts with these professionals, who are often practicing physicians or specialists, can add additional delays. The necessity of expert testimony makes medical malpractice cases longer and more intricate than other personal injury claims.
How Does the Discovery Process Affect the Timeline?
The discovery process in medical malpractice cases is particularly lengthy. Both parties exchange evidence, request documents, and take depositions to build their cases. For plaintiffs, this often means collecting detailed medical records, obtaining testimony from the defendant and other witnesses, and addressing the defense’s claims.
Defense attorneys, in turn, scrutinize the plaintiff’s medical history to identify pre-existing conditions or alternative explanations for the injury. This back-and-forth exchange of information can take months or even years, especially if disputes arise over access to records or the admissibility of evidence. The extensive discovery process is essential for ensuring a fair trial but adds significant time to the resolution of these cases.
Why Choose Shapiro, Washburn & Sharp?
At Shapiro, Washburn & Sharp, we have decades of experience representing clients in medical malpractice cases. As a trusted medical malpractice law firm, we are committed to holding negligent doctors and healthcare providers accountable for their actions. We represent our clients on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case.
Contact our office today at 833-997-1774 for a free consultation. We are ready to help you understand your legal options and ensure that your rights are protected.