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5 Things People Misunderstand About Medical Malpractice Cases

Mitchell T. CollinsSep 11, 2019, 9:08:13 PM

Patients who are sick or who have been injured will need to receive medical care, but visiting a hospital or doctor shouldn’t make anyone feel unsafe or at risk. In fact, medical professionals are required to uphold a standard of care when they are seeing a patient. This standard should be similar to the care that another trained professional would give to the same patient.

Individuals seeking medical care should be able to have confidence in the medical team administering their care, but unfortunately, negligence can occur in almost any industry. When negligence results in damage, this can cause medical malpractice.

Nevertheless, the following are common misconceptions regarding medical malpractice and what types of situations can warrant a lawsuit.

1. The First Settlement Offer Will Be the Best

Insurance companies or medical professionals might try to coerce patients into taking an offer that’s not as high as they deserve after the patient has filed a claim for medical malpractice.

This can help save time and avoid court proceedings, but it could also be a lower offer than you deserve. Patients never have to take the initial offer, especially if the situation is extreme and could be worth more if it goes to trial.

2. Medical Malpractice Depends Primarily on Negligence

While negligence can be an important part of medical malpractice, it’s not the only cause. Malpractice can occur during instances of failing to adequately treat a patient, failing to give medication properly, or failing to let patients know about possible risks or substitute treatment methods.

Setting an appointment with a medical professional should mean that you can anticipate having satisfactory care, and if this isn’t your experience, you might be qualified to file a medical malpractice claim that can help you recover damages.

3. Medical Malpractice Attorneys Accept All Cases

Though many lawyers are trained in malpractice, getting them to accept your case can be a challenge. Attorneys might not accept a case if there is low value because a small case typically requires as much effort as a big one does. If a lawyer accepts the case, they probably think that it can be won.

4. Only Surgeons and Doctors Can be Held Responsible for Malpractice

Many patients think that they can only file a claim for malpractice if they experienced an issue with a surgeon or doctor. However, this is not true.

“Any healthcare professional in charge of providing care or treating patients can be responsible for almost any type of malpractice. This can include anesthesiologists, nurses, and medical assistants,” explained Rich Newsome, founding attorney at Medical Malpractice Help.

If you’ve been the subject of negligence when a medical professional had an obligation to uphold a standard of care, you might qualify to file a medical malpractice claim.

5. Medical Malpractice Lawyers are Expensive

A lot of people don’t understand that lawyers often work according to contingency. This means that they only collect payment from their clients if they can win the case. Under these circumstances, if the case isn’t won, the lawyers won’t charge the client at all.

In short, while medical professionals are under an obligation to maintain a standard of care, sometimes negligence and other issues can occur that introduce complications. If damage arises as a result of upholding the care standard, the medical professional could be liable for medical malpractice.