Top 8 Medical Malpractice Misconceptions

Medical malpractice is negligence by a professional or a provider in the health industry, where the treatment provided was the cause of a patient’s injury or even death. This is usually when the patient or a family member will seek a lawyer to try to sue the doctor or the hospital.

There are 8 top misconceptions pertaining to medical malpractice.

1. That everyone in the hospital that had contact with the patient gets sued.

A lawyer can only sue the individuals who were directly involved in the medical treatment that caused the injury to the patient.

2. An individual assumes that just because there were complications during a procedure that the health professional or provider did something wrong.

Patients or guardians are usually given forms to sign, where it states that if a procedure goes wrong the doctor or hospital is not responsible. The reason that they feel they are not responsible is because they made the patient aware of the risks of the procedure or treatment and the patient accepted those risks. They don’t have to verbally say what the risks are because they will assume you read every document you signed.

3. Any type of lawsuit can be filed.

The lawyer must thoroughly investigate the facts of the case and have a medical expert review the medical records. The medical expert must confirm that there is evidence of wrongdoing where it caused the injury or death of the client. Once this is confirmed to be true, then the can lawyer go ahead and file a medical malpractice lawsuit.

4. It is easy to settle a medical malpractice case.

What most people are not aware of is that if a doctor settles, then they are reported to the National Practitioner Data Bank. The National Practitioner Data Bank keeps track of all medical malpractice cases and they also keep track of the doctors who settled. If a doctor settles they end up on the list of this data bank.

5. That a lawyer can settle the case without the consent of the client.

The client has to agree to the monetary offer. If they don’t the case continues to go forward.

6. That lawyers love to go to trial.

If the insurance company does not settle, the lawyer has no choice but to take the case to court. That’s when a panel of impartial people have to determine if the claims brought forth are true. The jury then decides exactly how much money the victim will get, if any.

7. That the injured person feels that they can’t sue.

Patients or the family may think that these types of cases can be too expensive and because of this they choose not to go forward with the lawsuit. Lawyers usually handle medical malpractice cases on a contingency fee, which means that they get paid only if they win the case.

8. That the lawyer is trying to squeeze every penny they can from the insurance company.

Usually doctors and hospitals have the best lawyers representing their interests. If you are expecting a quick, high price settlement, it’s probably not going to happen.

If you feel you or a family member is a victim of medical malpractice, you should call an attorney to discuss a medical malpractice lawsuit.