Malpractice Claims with Little Evidence

If a person believes that they have been injured because of medical negligence, they may want to pursue compensation for these injuries. However, some claimants may not necessarily have their evidence organized or be able to ultimately produce much evidence. In these cases, the lack of evidence in the case can result in some serious problems for that client. These cases should not be considered entirely hopeless, though.

In cases when little direct evidence is apparent, the chances of receiving compensation are significantly lower. However, there are still many opportunities for people who cannot provide substantial evidence for their case.

According to a 2006 study by the New England Journal of Medicine, a person with marginal evidence for their injury claim has a 32 percent chance of receiving compensation. This dips to a 19 percent chance when there is a characteristically low amount of evidence or none whatsoever. The study noted that one-third of these cases went to trial instead of being settled by the parties outside of court.

The major problem for these patients is the amount of compensation they can expect to receive. When less evidence is present, the courts are less willing to provide full compensation. In these cases, a patient can expect 60 percent less compensation for their claims than those patients with more evidence.

If you need help gathering information to present in a medical malpractice lawsuit, we may be able to help you. For more information, contact the Pittsburgh medical malpractice lawyers of Lowenthal & Abrams, P.C., today by calling 610-667-7511.