Medical Malpractice Attorney in Minneapolis, Minnesota

Medical Malpractice Claim Challenges

More In This Category

View Transcript

Medical malpractice claims are difficult regardless. I think whenever you – whatever case you have, there’s – in my opinion, there’s no slam dunk in a case. There just isn’t. I think that there is a perception out there – because your case is tried before a jury, there is a perception out there of juries and people in general that people in the medical field can’t do any wrong. That’s a fair perception and it’s a mistake or I feel bad for the doctor because this happened.

So it’s an uphill battle from day one. So we not only have to get an expert onboard to make sure that our claim is a viable claim, but then as we go through discovery, we learn a lot more through discovery through – and when I say discovery, what I mean is we take depositions of the people that took care of the patient. We take depositions of my client and their family members to talk about what happened and what the result was.

Through all of that process, we learn more and more and more about the claim. You learn only through so much through the medical records and then you learn more through discovery. So those are all things that – we have what’s called the burden of proof. We have to prove that what the doctor or medical provider did was wrong. That’s a lot of burden on a client who went in to get medical care. The patient doesn’t have the medical background that a doctor has.

So it puts it at a disadvantage and they’re just challenging cases.

Minneapolis medical malpractice attorney Shannon Carey discusses the challenges of medical malpractice cases from a plaintiff’s point of view.

More Videos From This Lawyer