Medical Malpractice Lawsuit Myths

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Medical mistakes can be devastating for victims. Unfortunately, medical errors are more common than most people realize in the US. Researchers from Johns Hopkins University have said that medical mistakes are now the third leading cause of death in this country. This is an astounding statistic, and it shows the depth of the problems that patients have to deal with. Victims of medical malpractice should be able to recover compensation by filing a lawsuit against the alleged negligent medical provider or agency. Here, we want to discuss some of the most common medical malpractice lawsuit myths that can be found online and when discussing these cases with other people.

Myth 1: The Majority of Medical Malpractice Claims are Frivolous

This is absolutely not the case. Even though citizens of the US have been known to be litigation-happy, the reality is that these claims are so complex that most people do not have the time or resources to file frivolous medical malpractice lawsuits. When a person files a medical malpractice lawsuit with the assistance of an attorney, it is usually because they have sustained unimaginable injuries or illnesses as a result of the negligence of a medical professional.

Myth 2: Medical Malpractice Victories Result in Huge Settlements

The reality is that most medical malpractice claims do not result in overly large settlements or jury verdicts. In most situations, medical malpractice victims receive the compensation necessary to cover their medical bills. Sometimes, medical malpractice victims will receive compensation to cover their lost wages and other out-of-pocket expenses, but most medical malpractice claims do not result in multimillion-dollar settlements.

Myth 3: Medical Errors Should be Expected

In the beginning of this article, we did mention that medical mistakes are more common than most people realize. However, people should not simply expect that they will sustain some sort of injury or illness caused by the negligence of a medical provider. No one should expect to be harmed by their doctor. Even though most medical procedures do come with certain complications, all medical professionals should be expected to treat patients with an adequate standard of medical care.

Myth 4: Medical Malpractice Claims Cause Health Care Costs to Rise

Health care costs in the United States have risen, but this is not caused by medical malpractice lawsuits. The health care system in the United States is complicated, and there are dozens of factors that contribute to the overall cost of health care. Yes, medical professionals do carry malpractice insurance, but a study by Brigham and Women’s Hospital has shown that medical malpractice claims paid by physicians have decreased substantially over the last few decades. Therefore, it is clear that medical malpractice claims have not been the contributing factor to the rise in healthcare costs during the same period.

Myth 5: You Can’t Afford a Medical Malpractice Attorney

Most people assume that they will be unable to afford an attorney to help them with the medical malpractice case. However, the reality is that many medical malpractice attorneys will handle cases on a contingency fee basis. This means that the medical malpractice victim will not have to pay any upfront or out-of-pocket costs related to their case. When an attorney works on a contingency fee basis, this means that the client will pay no legal fees until after they receive a favorable settlement or jury verdict in the case.