If you've experienced a surgical error and are looking to recover compensation, then you need to contact an experienced medical malpractice attorney in Maryland. Having a highly skilled lawyer working on your case will increase your chances of success. You need to have a highly skilled attorney and a team of expert witnesses on your side.



What Is the Likelihood of Winning a Surgical Error Case?

The likelihood of winning a surgical error case is quite high if you don't go to trial. Approximately 75% to 85% of plaintiffs (the people bringing the cases against the physicians) recover compensation without going to trial. This equates to three out of every four plaintiffs walking away with a settlement when pursuing compensation for a surgical error.



If you can't settle outside of trial and must take your case before a judge and jury, then your chances of success are lower. Approximately 30% of plaintiffs walk away with a settlement after they go to trial. The success rates for individual law firms may differ. For example, if a law firm only takes on viable cases with strong evidence in the plaintiff's favor, then the firm's success rate for cases that go to trial may be higher.



Factors That May Increase Your Likelihood of Winning Your Case

Working With an Experienced Medical Malpractice Attorney in Maryland

When you're dealing with any kind of medical malpractice case, it's important to choose a highly skilled and experienced attorney. They should have experience working on and winning cases similar to yours. Always ask an attorney you're considering hiring about their previous experience working on medical malpractice cases.



Having experience with these types of cases ensures your attorney has plenty of expertise regarding the laws associated with malpractice, and they likely also have pre-existing relationships with qualified medical experts whom they'll need to consult during your case. Visit this page to get in contact with an experienced medical malpractice attorney and get a deeper understanding of medical malpractice in general.



Having Strong Evidence

Having strong evidence is always a plus when you're dealing with a medical malpractice case. It's easier to prove that a physician was liable for your injuries when the evidence against them is strong.



Your attorney will generally need to hire a medical expert who can show that there was a link between the actions (or, often, inaction) of a physician and the injuries you sustained. This evidence is used to support the causation element of your malpractice case. Having strong evidence to prove the link between the physician's action/inaction and your resulting injuries will help strengthen your case.



Demonstrating Deviations From the Standards of Practice

Medical providers must always follow standard medical practices. It's part of their training. If a physician doesn't follow the standards of practice, then the physician could be considered negligent.



A medical expert will weigh in and compare your doctor's actions to those of a typical medical provider in their field. It's ideal to have strong evidence suggesting that the way your doctor treated you was substandard when compared to how a more competent physician would have treated you.



The Skill and Credibility of Your Team

As mentioned above, you'll need to work with an experienced, skilled medical malpractice attorney to give you the best chance of winning your case. However, how important the attorney's experience and skill level is to your case can't be emphasized enough. If an attorney has a proven track record in winning cases similar to yours, then they are far better equipped for the job than a less experienced but skilled lawyer.



The expert witnesses that your attorney hires must also be credible, as their testimony will be used to strengthen your case. Often, testimony from expert witnesses plays a huge role in whether or not your case is successful. At least one medical expert witness who weighs in on your case must also be able to write a Certificate of Merit to allow you to sue in the first place.



What Is the Average Settlement for a Surgical Error?

In Maryland, the average settlement in a surgical error case is $280,000. How much an individual can recover depends on the details of the case. Some plaintiffs walk away with seven and eight-figure settlements, though these high settlements are usually awarded when a surgical error results in permanent disability, loss of limb, or wrongful death. These very high settlements are also usually awarded when a plaintiff wins the case at trial.



The majority of viable surgical error cases settle before going to trial. Approximately three out of four plaintiffs walk away with compensation. If your case goes to trial, then the average success rate for plaintiffs is 30%. Choosing an experienced lawyer with a proven track record of success is essential when attempting to recover compensation after a surgical error.