What Makes Medical Malpractice Cases Difficult to Win?
Generally, medical malpractice cases are challenging but this depends on several factors, including the evidence you have to support your claim. One of the most challenging aspects of a medical malpractice case is the complexity of the medical issues involved. You might not be able to understand the medical procedures, protocols, and terminology involved in such cases. Therefore, attorneys often have to involve medical experts, who may be unwilling to testify against other healthcare professionals.
Another challenge is that the healthcare provider has many options to build a strong legal defense. For example, they could argue that an alleged medical malpractice issue is a result of a pre-existing condition or an inherent risk of the medical procedure.
Other challenges in such cases include difficulty gathering medical evidence within the statute of limitations. The statute of limitations for medical malpractice cases in Wisconsin is three years from the date the injury or one year from the date the injury was discovered, but a maximum of five years from the date of injury, regardless of when the injury was discovered. There are other factors that can affect the statute of limitations depending on the unique facts of your case, so call our office to discuss this issue with an experienced medical malpractice attorney.
