Your health should always come first. When sick, people go to the hospital with the hopes of getting the right treatment that can help them recover within a short period. Though patients should have full trust in their doctors, it is unfortunate that negligence sometimes happens in the medical field. The high number of medical errors that doctors make often lead to lawsuits. This is, however, an area that is filled with a lot of misconceptions as people do not know how to distinguish facts from fiction.
A study shows that misconceptions surrounding medical malpractice continue increasing each day. These sometimes affect people’s livelihood. If you suspect medical negligence as a patient, you should sue those responsible for damages. Though many understand this, some choose not to proceed with the case due to the misconceptions that they have heard. We can help you understand specific facts by discussing everything you should know regarding misconceptions about medical malpractice. Some of them include the following.
You can only win a medical malpractice case if you are injured from a doctor’s negligence.
This is a myth that some people have believed for years. Though being injured out of the negligence of a care provider can help you win a medical malpractice case, it is not the only determining factor. Apart from injury, medical malpractice can also happen if you are misdiagnosed or not treated for a particular illness properly.
The failure to get treatment at all is also considered as malpractice in the medical field. Apart from that, you can also sue a doctor who fails to inform you of the potential risks of a particular procedure beforehand. According to the law, the doctor should not only tell you of the risks but also give you any other alternative treatment where applicable. If you don’t receive the highest level of care, then it is your right to get compensated for damages.
You should always take the first settlement you receive
Many insurance companies and medical experts attempt to compel patients who proceed with filing for a malpractice lawsuit to take the money they offer and drop the case. Most victims end up accepting the offer since they are coerced that medical malpractice lawsuits are complicated and stressful. If you, however, feel that your specific case is worth more than what such people are offering, you should not accept the first settlement. Sometimes, letting the case proceed to trial can help you get the right compensation with the help of the Founding Attorney.
Getting a good lawyer for medical malpractice is hard
Some patients are discouraged from pursuing the case since they believe that they cannot find a good attorney who has won such similar cases before. On the contrary, there are many medical malpractice lawyers that may be willing to represent you in court. You only need to find the best lawyer through different channels. For instance, you can talk to people you know to get recommendations. Take your time to find a lawyer and consider interviewing them before hiring one.
Apart from that, other patients often assume that hiring a medical malpractice lawyer is too costly. This is a myth since most of the lawyers that specialize in this field only receive payment after winning the case. You don’t have to pay the professional if you don’t get compensated.
Medical malpractice applies to only surgeons and doctors
Many people also tend to assume that they can only pursue a medical malpractice claim if the person that made a mistake was a surgeon or doctor. This is a myth since any medical professional that treats a patient or provided care is liable for malpractice. This means that you can sue other people in a medical facility such as a nurse, anesthesiologist, or even a medical assistant. You should try to find out the specific person that caused the medical error and go after them through your attorney.
All attorneys who handle medical malpractice are the same
Some people also generalize medical malpractice attorneys and believe that they are the same. This is not true since everyone has their way of doing things. It is, therefore, a mistake to choose the first attorney you come across. Look for a lawyer that has a great track record before hiring one to represent you. You should also know that retaining the services of a particular lawyer is not easy. Most attorneys like handling malpractice cases that have a high chance of winning.
You must get huge payouts from a medical malpractice lawsuit
This is also a misconception that you need to know about before filing for damage. Every patient receives a different amount as compensation. The amount you get depends on how serious your case is. If, for instance, you suffered paralysis and loss of employment due to medical negligence, you may be compensated a good amount. Most people only get compensation for things such as medical bills. A large amount is therefore paid due to pain and suffering that may have been caused by a medical error.
Many people file for medical malpractice cases to get money
This is a myth since most people file for such a lawsuit in pursuit of answers. For instance, if a patient dies out of a doctor’s negligence, the family might file a lawsuit to find out what exactly happened to their loved one, and if their death could have been prevented. Such a family may be looking for closure rather than money from the case.
Medical errors are expected
Though everybody makes mistakes, claiming that medical errors are realistic is a misconception that many people have believed for years. No one expects getting harmed by a professional whose duty is to save and protect lives. Even if complications might occur during treatment, it is the doctor’s responsibility to do everything in their hands to save a life. Medical errors can easily be prevented if every practitioner in this field can follow the right policies and procedures.