What makes matters even worse in a medical negligence case is that the jurors are often misled by the insurance industry. The insurance industry spends millions funding “research” to suggest that there is a prevalent problem with medical malpractice lawsuits.  This research supposedly shows that excessive verdicts are causing malpractice insurance carriers to increase their premiums, which in turn is pushing doctors out of the medical field.

When jurors hear this type of message from the insurance industry, they often award lower verdicts than they would have ten years ago.  That means that many victims of medical negligence receive less from the jury than what is needed to cover their medical expenses.

You can read more about these lawsuits and why so many malpractice victims don’t recover compensation in Virginia medical malpractice attorney Ben Glass’s book, Why Most Medical Malpractice Victims Never Recover a Dime.

Malpractice insurance companies have standard defenses they often use, which include the following:

• The injury could not have been prevented, as it was a result of the initial condition.
• The injury was due to the patient not following the doctor’s advice.
• The risk of the particular injury was an accepted one.
• Someone else caused the injury.
• A previous illness or condition led to the injury.

To have a successful claim, you are going to have to prove that there is a clear connection between the defendant’s misconduct and the injury you have sustained.

For more information regarding medical negligence claims, read Virginia medical malpractice attorney Ben Glass’s book, Why Most Medical Malpractice Victims Will Never Recover a Dime.  This book discusses the factors involved in medical malpractice cases and answers many of the commonly asked questions.

Medical providers are supposed to assess patients, taking into account the available information, and recommend treatment.  Based on the standard of care concept, a doctor is required to fully explain the risks and benefits of a recommended course of treatment.  However, the patient is the one who makes the final decision as to which treatment option will be pursued.

The law requires that a doctor practice in accordance with the standard of care.  If a doctor deviates from this standard of care, then he or she may be considered to be negligent.  Doctors can be held accountable if their negligent actions cause their patients harm.

Medical negligence cases are some of the most difficult types of claims, which is why you should work with a Virginia medical malpractice attorney who has extensive experience.

For more information about medical malpractice cases, order Ben Glass’s popular book, Why Most Victims of Medical Malpractice Never Recover a Dime.