Medical malpractice is one of the more obscure areas of personal injury law - and, consequently, there are many myths and misconceptions surrounding it. For those who have experienced issues with medical care, a medical malpractice suit is often the best path towards financial recovery.
Nevertheless, some information may be needed regarding what constitutes a medical malpractice case. Here are four myths about these cases.
Myth: Medical Malpractice Cases Are Based on Negative Outcomes
When someone has been injured or died during medical care, some people may want to blame the professional. However, medical malpractice cases are not based on negative outcomes. Most medical care comes inherent with a risk and the patient has accepted that risk - in fact, there are usually waivers to that effect.
Even making a mistake doesn't necessarily mean malpractice has occurred. A doctor or nurse can make a mistake and still not have committed malpractice. Malpractice is a specific term that encompasses negligence beyond what a professional would have been expected to display.
Because most people don't have a legal background, they may not be able to determine what was a genuine mistake and what was actually negligent. A medical malpractice attorney is often necessary to tell an individual whether they have a legitimate medical malpractice case.
Myth: Medical Malpractice Cases Are Like Any Other Insurance Case
Because doctors hold medical malpractice insurance, some people assume that an insurance company will be dealing with the issue and will be able to settle quickly. However, a medical malpractice case is different, as the doctor's professional licensing can also be impacted.
A hearing is generally required for a medical malpractice case, and expert witnesses need to be called in. The expert witnesses determine whether the doctor has made a mistake that another doctor would not have made. That being said, most medical malpractice cases (like most personal injury cases), will end in a settlement that has to be negotiated.
Myth: Medical Malpractice Cases Are Easy to Win
News and media outlets have made it appear as though medical malpractice cases are a way to easy money. While malpractice cases are an excellent way to ensure that you are made whole for your suffering, they still require the work of experienced professionals for the best outcomes.
Though it may be easy to win an open-and-shut medical malpractice case, cases that are without injury or other incident that appears on the surface are frequently thrown out. This shouldn't discourage anyone from levying a medical malpractice suit, but this fact should encourage them to get the right representation immediately.
Myth: Medical Malpractice Suits Are Wrong or Irresponsible
In addition to claims that medical malpractice suits are commonplace, many people believe the myth that medical malpractice suits are irresponsible or cash grabs. In reality, irresponsible or baseless medical malpractice suits are thrown out.
The suits that do get taken to trial or receive a settlement are suits in which the individual truly needed financial compensation for what they have gone through. Not only are these cases necessary for individuals to get compensation for current and future medical costs, but these cases are also a way to ensure that this type of negligence doesn't happen again to another person.
As you can see, medical malpractice cases are complex and challenging. However, they are also often the only way to make yourself whole following medical negligence. If you or a family member believe that you have a medical malpractice case, contact the Law Offices of Jeffrey A. Garrety, P.C., immediately. We can help you find the next step in the legal process.