“Houston…We Have a Problem!”

There are many misconceptions about medical malpractice litigation.  In this blog, I want to address 3 of the most common misconceptions.

Misconception #1:  If I did not obtain a good result from a surgery, I have a case for medical malpractice.  

Even with the best possible care, there is no guarantee of a good outcome from any surgery.  A necessary part of any personal injury claim is “negligence”.  As a starting point, the doctor must have made a mistake in order for there to be a valid claim of medical malpractice.

Misconception #2:  If my doctor made a mistake, I have a case for medical malpractice.  

The fact is, only the most serious medical errors give rise to a claim of medical malpractice.  Most mistakes do not rise to that level, and can either be corrected, or do not have serious or long-term implications.

Misconception #3:  Most doctors will pay a settlement if they are threatened with a lawsuit, just to avoid being sued.  

Most doctors and their insurance companies are not intimidated by threats of litigation.  Very few  medical malpractice claims settle before a lawsuit is filed.  In my experience, the only way to obtain a just and fair result in a medical malpractice claim is to:  First:  make certain that the claim is valid and supported by credible medical evidence, and that serious harm occurred.  (If not, the claim should not be pursued.)  Second:  file the lawsuit, and prepare the case for trial.  The doctor and insurance company must be convinced that a claim is very strong before a settlement will be paid.  Doctors and their insurance companies rarely ever agree to settle claims that they view as frivolous.

I hope you found this blog to be informative.  If you have questions about the content of this blog, please feel free to let me know.

cliftonboswell