5 Common Reasons Medical Malpractice Claims Get Denied
Medical malpractice cases are notorious for being complex and hard to prove. 72% of claimants get their claims rejected on their first try, often due to minor reasons. If you were injured during a medical procedure and want to have a successful claim, know why so many rejections happen in the first step. Here are five main reasons why claims get denied and what to do if you’re ever in this situation.
1. Not Having Enough Evidence
Having detailed evidence is the core part of any medical malpractice case. The most successful claims have medical records, documentation, and an expert witness who can provide insight about your condition. If you don’t have clear proof of injuries or negligence, the courts will most likely dismiss your claim.
2. Administrative Errors
Even the slightest mistake or administrative error could lead to your claim being dismissed. Unfortunately, this is one of the main reasons why medical malpractices fail. The most common ones include:
- Missing a filing deadline
- Submitting incomplete paperwork
- Not following the court’s procedures
- Miscommunication or errors in medical record requests
Malpractice claims are highly technical and time sensitive, so having an experienced medical malpractice lawyer who understands the process is key to ensuring you file everything correctly.
3. Lack of Negligence
There’s always an element of risk in any medical procedure. Just because there was a bad outcome doesn’t mean it was necessarily due to negligence. For example, if you had a risky procedure, the complications you experienced may have been a result of a known side-effect rather than a medical error.
Even if you think it was the doctor’s fault, the courts need solid evidence that proves they weren’t following accepted medical standards. Without it, your case will most likely be dismissed.
4. Having Pre-Existing Conditions
In some cases, the defendant’s lawyer or insurance company might argue that pre-existing health conditions caused your condition. This makes it much harder to prove it worsened specifically because of malpractice. In these cases, having an expert witness who’s familiar with your medical situation is crucial. They can offer an unbiased perspective that explains the connection between your worsening condition and the other party’s actions, strengthening your claim.
5. Insufficient Damages
Courts often reject claims with minor injuries. To win a medical malpractice case, you need to show measurable damages that caused real harm. You also need to provide medical bills, lost wages, or any other evidence that demonstrates the long-term impact of your damages on your overall health. Without this proof, courts generally won’t move forward.
What To Do If You’re Claim Is Dismissed
A case dismissal doesn’t automatically mean it’s the end. New York gives you options to appeal the results or file a motion for a new trial. If you plan on going forward with this next step, having a reliable lawyer who can help you build a strong case can be helpful.
Our medical malpractice attorneys have been assisting victims in New York state for decades. We’ll hold the other party accountable for their actions and ensure you get the compensation you deserve. Please contact us online or at (866) 507-1730 to schedule a free case review today.