A medical malpractice claim’s likelihood of success varies by jurisdiction and case specifics. However, most medical malpractice cases are either dismissed or settled outside of court, and very few actually go to trial.
Additionally, to succeed in a medical malpractice lawsuit, there must be proof that the doctor’s acts fell below the standard of care and that the patient was harmed. The plaintiff has the burden of proving that the doctor’s activities were negligent and that the harm was therefore sustained directly from those actions.
Depending on the jurisdiction, the success percentage for medical malpractice lawsuits can be as low as 15-20%.
In order to avoid blood clots, 82-year-old Ohio native Delores Sorto was given a blood thinner prescription in 2013.
She was instead mistakenly given a diabetes medication by the pharmacist. Sorto experienced a stroke within two days, which eventually proved fatal. Her family filed a lawsuit against the pharmacy that gave her the wrong medicine after she passed away.
It was discovered during the proceedings that the pharmacy’s system was unable to differentiate between medications with similar names, which was the reason for the confusion. The pharmacy eventually consented to a $1.8 million compensation to make up for Sorto’s family’s loss.
The incident highlighted the value of double-checking medication orders before they are provided to patients and raised questions about the precision of prescriptions being filled by pharmacies.
At Advox Law LLC, we have developed a keen focus on medical, family, criminal and immigration law.
Director
Director
Associate Director
Foreign Desks
Most people find the challenge of navigating through the legal processes, very daunting. At Advox Law LLC, we strive to make things easier for you. Reach out to us and get the legal assistance you need.
