There are many reasons why a victim of medical malpractice may not be able to claim compensation or attain anything for his or her injuries.
Not Realizing Suffering Injuries
First, most patients when they are injured do not realize that they have suffered injuries at the hands of a doctor or hospital staff. One of the major reasons why most patients do not recover any money is because doctors and hospitals are not going to own up and admit that they caused any injuries to patients under their care. It is pretty rare if they do.
Absence of an Autopsy
In many cases where the patient has died, no autopsy is performed. Autopsy can provide significant information to a lawyer, about the cause of death. Without knowing the precise cause of death in a death action, it becomes extremely difficult to prove wrongdoing.
A physician’s poor bedside manner does not constitute evidence of negligence
Everybody has encountered a doctor with poor bedside manners; however, just because a doctor does not hold your hand, or tell you how great things are, or is gruff, does not mean they he has done something wrong. On the other hand there are doctors with excellent bedside manners who may have caused injuries. Hence, bad bedside manner does not equate to departure from good and accepted medical care.
You can watch House and determine that!
The patient has not suffered significant damages
In a medical malpractice case, apart from showing departure from good and accepted medical care and such departure caused the injuries, the lawyer also has to show the victim has suffered significant or permanent injuries. All these three things have to be confirmed by a medical expert in order to prove a successful case. In a situation where the patient has not suffered significant injuries, it becomes extremely difficult to prove a successful medical malpractice case.
The mismanagement of the hospital or negligence of the doctor may not have caused the injuries
Many times the lawyer is able to show to the jury that there was wrongdoing; however, this wrongdoing may not have caused the injury. The patient might have suffered significant injuries, but unless the lawyer is able to show a direct connection between the injuries and wrongdoing, it is not possible to obtain compensation.
The victim does not retain an experience medical malpractice attorney
Lawyers practice different areas of law, and if you go to an attorney who does not handle medical malpractice matters on a regular basis, you will most likely experience problems. Such a lawyer or law firm will not have the resources or knowledge necessary in order to handle your case to a successful completion. Even though there is no guarantee for any case, the better-experienced lawyer will most probably provide a successful outcome. This is crucial, and if you do not have an attorney who knows detailed malpractice laws, you are likely to end up in a difficult situation.
The time limit to file a lawsuit may have expired
Every state has statute of limitations, which are time limits for initiating a lawsuit. In New York, there are particular time limits to file a lawsuit against a doctor or a hospital, and these time limits are shorter if you are going to issue a case against the city, a municipal hospital, or the state.