It's natural to have questions and reservations about filing a medical malpractice claim, but it's important to become informed with accurate information. Unfortunately, many myths and misconceptions exist that can give people the wrong impression of what is involved in a medical malpractice claim. Dispelling these falsities can help you make an informed decision when considering taking legal action.
Take some time to read about a few common myths about medical malpractice claims that we’ve encountered over the years.
Myth: You Can’t Sue for Medical Malpractice Because You Signed a Release Document
Most individuals and entities conducting business in the healthcare industry compel patients to sign “release from liability” forms as a condition for receiving medical care or treatment. Many people believe these documents release doctors, nurses, technicians, and entities such as hospitals from all possible liability, but this isn’t the case.
When medical professionals engage in negligence that causes injury or illness to a patient, they can be held liable regardless of any liability waivers the patient received. To better understand how such a waiver may play a role in your medical malpractice claim, consult with an experienced attorney as soon as possible.
Myth: Medical Malpractice Claims Always Go to Trial
While some medical malpractice claims do go to trial, the vast majority of them are settled out of court. Settling out of court can save time and money for both parties, but it’s important to remember that either side has the right to pursue a trial and may do so if they believe it’s in their best interests to do so.
For example, a plaintiff with a strong case may wish to take their case to trial if the defendant refuses to make a settlement that the plaintiff believes is fair compensation.
Myth: A Bad Outcome Is Enough to Bring a Medical Malpractice Claim Forward
There are various situations in which a doctor may render treatment to a patient who experiences a bad outcome. This alone isn’t enough to substantiate a medical malpractice claim because a key component of such claims is negligence.
While many cases of medical malpractice do lead to poor outcomes, this is not always the case because there are other factors involved such as pre-existing conditions, genetic issues, and plain luck that may have contributed to the outcome. Unless a doctor should have been able to prevent injury to a patient but didn’t because of negligence, it’s unlikely for a bad outcome to be enough on its own.
Myth: Medical Malpractice Claims Are Just About Money
It’s true that people initiate medical malpractice claims to seek compensation for damages such as medical costs, loss of income and earning potential, and other losses – but this isn’t the sole reason for bringing a medical malpractice claim forward.
In many cases, claimants who experienced injury due to medical malpractice also seek justice. Whether it’s to hold a doctor or hospital accountable for negligence or effect industry-wide changes, there’s a lot more that can be accomplished with a medical malpractice lawsuit than recovering damages.
Contact Us When You Need a Lawyer
The Law Office of David Kates is dedicated to providing the highest quality legal assistance when it comes to medical malpractice claims. Our lawyers have extensive experience in handling these kinds of cases and are committed to getting you the best possible outcome.
We understand that dealing with a medical malpractice claim can be confusing and difficult, which is why we will work closely with you every step of the way to ensure that your rights are protected.
For more information about how we can help, contact us online today.