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Not All Medical Malpractice Lawsuits Are Successful

Despite medical experts on the side of plaintiffs at medical malpractice trials, the plaintiff does not always win.

Although many people think that a plaintiff always wins a medical malpractice suit that is not always the case. For this reason, if you think you have a medical malpractice case, get an honest opinion from a Manchester medical malpractice lawyer about your chances of success. The advice is free, and you will find out right away if the case may not be worth pursuing, or conversely, if the case is worth pursuing.

What many do not understand is that a bad result with a medical professional does not necessarily mean there was medical malpractice. A Manchester medical malpractice lawyer is able to explain the differences, should there be a question about your situation. It is always smart to speak to an experienced lawyer though, to get the peace of mind in knowing if there is a case or not.

This story is about a woman in the third trimester of pregnancy. She went to a local chiropractor complaining of lower back pain. The doctor suggested a pelvic adjustment.

As a result of that pelvic adjustment, the plaintiff filed a lawsuit, alleging that her now chronic pain was caused by the doctor. Was it? Or was there a pre-existing medical condition? Those two questions were put to the trial jury, and they found that the doctor had been negligent in the care of the plaintiff in 2007. But that was not the reason why she had chronic pain. In other words, the verdict was for the defendant and the plaintiff did not receive compensation of any kind.

During the course of the trial, it was revealed that the plaintiff had difficulties with lower back pain that happened to the woman even before the pelvic adjustment she received just seven weeks before giving birth. In fact, her lower back pain and joint pain had been treated since the plaintiff was five years old, which makes one wonder whether or not the chiropractic treatments were the cause of the continuing pain.

For two years prior to her appointment with the doctor in this case, she had been for treatments 19 times for a variety of symptoms, including back pain, neurological difficulties, fatigue, depression and flank pain. On consideration of the evidence, the jury felt the pain was not caused by the doctor’s treatment; this was despite the plaintiff’s expert suggesting the chiropractor should not have done a high force adjustment on a patient who was seven months pregnant.

In the final analysis, the jury made up their minds on how they viewed the facts and evidence in the case. In this instance, the jury felt the doctor did not cause the woman’s chronic pain and chose to believe the evidence of the defendant’s expert witness. Often this is what happens at medical malpractice trials – dueling expert witnesses give their opinions for the jury to pick and choose who they believe. Who is right? Who is wrong? Or is the answer somewhere in the middle?

Without the expert legal counsel of a Manchester medical malpractice attorney, a case like this could be very confusing for the plaintiff. They may think they have a case, and indeed, in this story, the plaintiff’s lawyer thought she had a case as well. But when the jury considered the evidence, as in other medical malpractice cases, the opposing side made an impact.

A skilled attorney knows what plays to a jury and what does not. He is also responsible for fully explaining what the trial process is all about. Seek the experienced legal advice you will need if you need a Manchester medical malpractice lawyer. He will outline your rights and what to expect as you move forward. He will also let you know why some medical errors are not medical negligence.

Charlie Donahue is a New Hampshire personal injury lawyer located in Keene. Donahue handles injury cases in New Hampshire and across the United States. To learn more about New Hampshire injury attorney, Charlie Donahue, visit

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