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Whenever a lawyer must share complex evidence with a jury, a client’s case has created a special challenge.
A medical malpractice lawsuit often introduces special challenges.
The plaintiff’s lawyer must prove that the physician’s conduct qualified as an example of negligence. The same injury lawyer in Barrie must also show that the doctor had carried out an illegal action, and that the same action had harmed the patient/client.
Why presentation of those proofs is such a challenge?
Unless a physician has made an obvious mistake, a jury does not know what actions a doctor ought to take, or ought to avoid, during any given procedure. For that reason, the client’s legal team must find a way to hire an expert. A medical expert should know the correct procedure.
Furthermore, it is not always possible to show that a neglectful doctor has carried out an illegal act. If the negligence had been caused by use of drugs or alcohol, someone would have to have witnessed the doctor’s use of those one of those substances.
A lawsuit that has targeted a provider of cosmetic surgery could also pose special challenges.
In this case all the proofs mentioned above are required. In addition, the plaintiff’s attorney must deal with the jury’s uncertain view, regarding cosmetic procedures. The patient has elected to undergo such a procedure.
Some juries find it difficult to charge a doctor with malpractice, when he or she had been asked to perform the corrective operation. In addition, it might prove especially difficult to find an expert that would testify against the defendant.
Those doctors that do perform some types of cosmetic surgery have become all too familiar with all the risks that are associated with such a procedure. If the patient has failed to care for the surgical wound in the prescribed manner, then it could become infected.
Of course, a patient might suggest that the doctor’s actions had aided development of the infection. An expert witness would almost certainly support the defendant’s argument. As a result, the jury would probably be inclined to decide against the former patient (plaintiff).
Some of the patients that have requested a cosmetic change feel unhappy with the results. Consequently, some of those same patients try to sue the surgeon. Seldom do they win such a lawsuit.
Their surgeon had made a point of following a standard procedure. Furthermore, despite the patient’s displeasure on seeing the results, the surgeon’s actions had not harmed the person on whom he or she had operated. For that reason, the patient’s expectations of a win would not be realized. In this case, a smart attorney would decline to accept such a case. One that did accept would face a real challenge.