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5 Myths About Medical Malpractice Lawsuits

February 21, 2022

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Medical malpractice lawsuits are frequently a hot topic in the news, on TV shows, and in movies. Because they’re so frequently talked about in both a positive and a negative light, many people have misconceptions about them. Those misconceptions can cause victims to be unsure of their next steps when they get injured by negligent doctors, and they can even result in victims deciding to not take any action at all.

In this blog, we address five of the most common myths about medical malpractice lawsuits. If you’re thinking about filing a claim, this information may be able to help you better understand your situation and what you can expect when your claim gets underway.

They are mostly frivolous.

There’s a perception that many injury lawsuits are frivolous, and some people believe that includes medical malpractice lawsuits, too. They may think that patients exaggerate their injuries or illnesses, or that they are just looking for a quick payday from a big hospital or healthcare clinic.

Although some medical malpractice claims are frivolous—especially ones that make the news—most aren’t. Medical malpractice involves a healthcare provider or facility behaving negligently and harming an innocent patient. When negligence causes an auto accident, victims deserve to be compensated. When negligence causes healthcare complications, victims deserve to be compensated for that, too.

They aren’t worth filing.

Medical malpractice claims accomplish two important things. First, they increase awareness of negligent practices and behaviors that can put other patients at risk. For example, a doctor who is being sued for medical malpractice because of failure to diagnose may increase the amount of time he spends with patients to better understand their symptoms and make more accurate diagnoses.

Second, they help victims get compensation for their damages. The damages associated with a single act of medical malpractice can be significant. Patients may need surgery to address injuries or illnesses caused by their doctors’ negligence, and they may require prolonged hospitalization, rehabilitation, and specialist treatment—all while being too sick or injured to work.

They’re only worthwhile after surgical malpractice.

Surgical medical malpractice is often obvious and more easily proven than other types of malpractice. It can involve mistakes such as operating on the wrong body part, operating while under the influence of alcohol or drugs, failing to prevent infection, and leaving surgical tools inside a patient’s body. Surgical malpractice is often devastating for patients, as it can cause severe injuries, require additional surgeries, and carry huge bills and expenses.

However, just because surgical malpractice is typically severe and easily proven doesn’t mean that other types of malpractice aren’t valid or worth pursuing. When doctors fail to make accurate diagnoses, prescribe the wrong medication, or fail to prevent dangerous medication interactions, injured patients deserve compensation for their damages. Although these claims may require more evidence and legwork, they’re equally valid for victims and their families.

They always go to trial.

The healthcare industry is well-equipped and well-prepared to fight back against medical malpractice claims. Medical malpractice insurance is standard for doctors throughout the country, and while it’s supposed to pay out on their behalf if they get sued, it can create a big obstacle for patients who need compensation. In addition, hospitals and private health clinics routinely deny that malpractice even occurred.

Despite these hurdles, most medical malpractice claims don’t go to trial. The likelihood of going to trial decreases as the evidence in your favor and against your doctor increases. It’s important to have an Ohio medical malpractice lawyer on your side who’s experienced enough to avoid medical malpractice trials when possible, but aggressive enough to not hesitate to go to court when necessary.

They cause doctors to lose their jobs.

It’s no secret that doctors want to avoid malpractice claims and lawsuits filed against them. The cost of a medical malpractice verdict, especially without insurance, can be extreme. But being sued for malpractice isn’t uncommon for doctors. According to the American Medical Association, 34% of doctors have been sued for medical malpractice, and nearly 17% have been sued multiple times.

However, doctors who are sued for medical malpractice aren’t necessarily out of a job, and they usually don’t lose their licenses to practice medicine, either. Doctors can face termination and loss of license if they’re repeat offenders or they engage in malpractice intentionally to hurt their patients. But most malpractice claims are due to mistakes that, while negligent, weren’t intentional.

Trust Our Experience with Ohio Medical Malpractice Claims

Most medical malpractice victims have not only never filed malpractice claims before, but they’ve never needed a lawyer before. It can be difficult for many injured victims to sue negligent strangers after crashes, let alone their doctors or hospitals. But doing so may be the most important decision you ever make.

At Nurenberg, Paris, Heller & McCarthy, our Ohio medical malpractice attorneys can be the trusted guides you need after being harmed by medical malpractice. We know that you’re injured, angered, and confused by what happened, and it’s our goal to help you make the right decisions moving forward and to help you get maximum compensation.

Contact us today for a free consultation.

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