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.