Initiating court procedure because of medical malpractice is relatively simple. However, to bring the procedure to an end and establish who is responsible for someone’s death, it needs a lot of time- it’s like a mission impossible. First of all, it is very hard to win the case against doctors and prove that he made a mistake.
Between the initiation of procedure and convictions there are major obstacles in the form of bad laws, unskilled courts, confusing practices immoral or biased forensic expert. They often neglect evidence, don’t pay attention to details. Although this is the truth, we can’t say that all of them are like that. Check this hyperlink to get better idea.
The basic preconditions to get justice in court in cases of medical malpractice are very bad, because, it is very hard to sue such a big company as hospital or any medical clinic. And we can feel free to say that there are not enough experts who will be able to fight at the court with such powerful enemy.
Judges are not sufficiently familiar with the legal issues related to medicine. There is no systematic approach to this whole thing. They neglect and misunderstand so many things related to this subject. Still, I have to mention that this depends from country to country. In some countries law is very vigilant and doctors don’t feel free to make such mistakes very often. On the other hand there are some states where the system is too old to be vigilant.
Sometimes it is very hard to find who is responsible for injuries that they had made, and even harder to prove that at the court. Being at the court against one doctor could be very tricky. They are well protected and there are no so many examples in practice where so ordinary man has won the case against a doctor or a hospital, because hiring good lawyer is half of your job.