HOW DIFFICULT IS IT TO WIN A MED MAL CASE?

Every person considering a medical malpractice case should be aware that the doctors and hospitals win 90% of all trials. So, hiring a skilled, experienced med mal lawyer is absolutely critical.  But even with a great med mal lawyer, the odds are stacked against the plaintiff.  Here is a perfect example:

In a recent case a plaintiff received a kidney transplant. The hospital failed to warn the plaintiff that the kidney donor engaged in “high risk” social behavior.  After receiving the transplant the plaintiff developed HIV and hepatitis C as a consequence of the kidney.  Despite obvious negligence and a failure to warn by the hospital staff, the defense won!  Here is the link to read more about it.  http://eservices.isba.org/12all/lt.php?c=7055&m=7830&nl=1&s=84251acaed4edb6909095f6ae9c2f436&lid=108855&l=-http--www.illinoiscourts.gov/Opinions/AppellateCourt/2014/1stDistrict/1121593.pdf

The Plaintiff will be allowed a new trial based on an error in the instructions to the jury, but the facts will not change….and a jury decides a case on the facts. Medical malpractice claims are increasingly difficult to win.  If you have been seriously injured by medical negligence then call the Law Office of Keith Short.  618-655-9499 or 618-254-0055.

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