Common Misconceptions About Medical Malpractice Claims.

Most people who have experienced medical malpractice have never been in a position to file a medical malpractice lawsuit before. That often means that what they “know” about medical malpractice comes from what they’ve seen online, or heard from movies or TV. The picture the media paints of medical malpractice is often not favorable toward claimants—or the lawyers who represent them.

Unfortunately, that can create problems for real life victims of medical negligence. Misconceptions about medical malpractice can make them hesitate to pursue a claim, even when they need and deserve compensation for an injury. If you have been injured by a medical care provider and are holding back from filing a claim, let us help debunk these myths about medical malpractice.

Myth #1: People who file a medical malpractice claim are trying to “get rich quick.”

Personal injury lawsuits, of which medical malpractice claims are a subset, are often depicted in the media as “get rich quick” schemes. Injured patients may fear that they will be accused of filing frivolous cases to make a fast buck.

A study from the New England Journal of Medicine that examined 1452 closed medical malpractice cases found that only 3% did not involve a verifiable medical injury. In fact, it is estimated that only 2% of people with a legitimate medical malpractice claim end up filing one.

The truth is that medical malpractice lawsuits are time-consuming and complex, with no guarantee of success. The bottom line is that the vast majority of people who file a claim for medical malpractice do so because they have suffered a serious injury at the hands of their care provider.

Myth #2: Lawyers encourage people to file meritless claims just so that they can make money.

This is one of the easier myths about medical malpractice to debunk. Attorneys accept medical malpractice cases on a contingency fee basis, which means that they don’t get paid unless and until their clients recover money in the case. Filing claims that don’t have merit wastes not only clients’ time, but the attorney’s time and resources.

Accordingly, most medical malpractice attorneys tend to be very selective about the cases they accept, and candid with prospective clients about the strengths and weaknesses of their claims.

Myth #3: Malpractice claims are the reason healthcare costs are so high.

There is no data to support the assertion that medical malpractice claims have moved the needle significantly on healthcare costs. In fact, the cost of medical malpractice insurance, litigation, and payouts represent roughly one-third of one percent of medical costs in the United States.

Yes, there are doctors out there who perform unnecessary tests just to cover all bases and reduce the likelihood that someone will eventually sue them for malpractice. But even that “defensive medicine” is still only a small fraction of U.S. healthcare expenditures. It’s certainly not a reason that someone who has been injured by negligent medical care should forgo the compensation they need.

Myth #4: If I sue my doctor, it will bankrupt them/push them out of practice.

You might really like your doctor, especially if you have a long-standing relationship with them, and you might be concerned about the impact of a medical malpractice lawsuit on their career or finances. But most physicians carry medical malpractice insurance, which means that any settlement or jury award is not paid out of their own pocket. As a result, you don’t have to worry that making a claim is going to drive your doctor into bankruptcy.

The truth is that a patient who suffers an injury due to medical malpractice is much more likely to face bankruptcy due to their increased medical costs and inability to work. If you have been injured, it’s reasonable to be more concerned about how it will affect you financially.

As for the prospect of your doctor being driven out of practice by your medical malpractice claim, that is unlikely. A single claim, unless it is for something truly egregious, is unlikely to cause a physician to lose their license or decide to stop practicing medicine. However, a doctor with multiple claims might face the loss of their license.

According to a 2016 report in the New England Journal of Medicine, only 1% of all doctors account for about 32% of paid malpractice claims. Maybe it’s not the worst thing if the doctors in that group leave the profession.

Myth #5: Any personal injury lawyer can handle a medical malpractice claim.

Another of the common misconceptions about medical malpractice is that any personal injury lawyer can capably handle a claim. Medical malpractice is a category of personal injury lawsuit, and many personal injury attorneys advertise on their websites that they take medical malpractice cases—although a significant percentage of those attorneys refer malpractice claims to other lawyers.

Contact an Experienced Medical Malpractice Attorney Today

The truth is that medical malpractice cases are generally much more complicated than the average personal injury case like a car or truck accident. Considering the bearing that your claim’s outcome may have on your future, it is critical to work with an attorney who regularly handles medical malpractice claims and is familiar with what is needed to prevail in these cases.

To learn more about medical malpractice misconceptions, or to have your questions answered by an experienced medical malpractice attorney, please contact the Fraser Law Firm to schedule a complimentary consultation.