First, an attorney must obtain an affidavit from a doctor which confirms that the plaintiff's injury or illness is related to medical malpractice. Afterwards, the claimant must notify the person or entity they intend to sue that they are initiating litigation.
The average contingency rate falls between 20-40%, with most lawyers charging around 33% to 35% of the total amount recovered in a case. The exact percentage can vary depending on the complexity of the case, the lawyer's experience, and the stage at which the case is resolved.
Of these four criteria, causation, or proving that a doctor's or medical professional's actions caused the harm or injury the patient has experienced, is often the hardest to demonstrate in court.
Of those four components, causation is often the hardest element to prove in court.
What Part of Negligence Is Hardest to Prove? The second and third elements of negligence (breach and causation) tend to be the most difficult to prove. Showing a direct link between someone's action or inaction and the injuries you suffered can be challenging.
Medical Records Medical records are the most important evidence in a medical malpractice case. They contain detailed information about your treatment, including any diagnoses, procedures, medications prescribed, and notes from your healthcare providers.
Conclusion. Proving causation is often the most difficult element of a medical malpractice case.
LPL Requirements in Florida Florida does not require attorneys to carry LPL, but the state does require lawyers to report whether insurance is carried or not each year when they register.