Six Common Misconceptions About Medical Malpractice Claims

Medical malpractice lawsuits involve claims against medical providers who allegedly failed to uphold their duty of care and caused harm to a patient. These are complex claims, and many people have misconceptions about what a medical malpractice case includes. At Meinhart & Manning, PLLC, we want to review some of these misconceptions.

Medical Malpractice Claims Are Always Frivolous

Anyone who throws around claims that medical malpractice cases are always frivolous has never likely endured the pain and suffering associated with a medical mistake. Individuals harmed due to the negligent actions of a medical professional need help. They are often able to recover compensation by filing a claim against the alleged negligent medical provider, and these claims are anything but frivolous.

Compensation Amounts Are Typically Exaggerated

When working to understand the total costs of a medical error on the victim, an attorney will enlist assistance from trusted medical and economic experts to help calculate losses. A Louisville medical malpractice attorney will seek to adequately calculate total economic and non-economic damages in a way that reflects what the medical malpractice victim has had to endure. There are usually extensive negotiations related to malpractice claim payouts, and total compensation awarded to victims is rarely exaggerated.

Medical Malpractice Cases Are Quick and Easy Money

Medical malpractice claims are not quick and easy money. In fact, these are incredibly challenging cases. Only individuals who have truly been harmed due to the actions of a negligent medical provider should pursue these claims. Medical malpractice cases typically take years to resolve because of the complexity of the investigations and the discovery process. Anyone looking to get rich from a lawsuit would look nearly anywhere else at any other type of claim before a medical malpractice claim.

Only Surgeons Can Be Sued for Medical Malpractice

This is absolutely not true. Even though surgical errors tend to gain the most media attention, they are not the most numerous type of medical mistake. Any type of medical professional can face a medical malpractice lawsuit, including doctors, surgeons, nurses, paramedics, ophthalmologists, dentists, chiropractors, physical therapists, and more.

Filing a Medical Malpractice Claim Increases Healthcare Costs for Everyone

There’s no proof that medical malpractice claims necessarily increase healthcare costs. Yes, doctors do have to carry insurance to protect themselves should they make an error that causes patient harm. This is part of their everyday expense, and it comes with the territory. Individuals in most industries have insurance to protect themselves.

Medical Malpractice Lawyers Cost Too Much

Most medical malpractice attorneys handle claims on a contingency fee basis. This means that the attorney only receives legal fees in the event their client receives compensation through a successful claim. In the event a lawsuit is unsuccessful, clients pay absolutely no legal fees. Usually, legal fees are a percentage of the final settlement or jury verdict, and this percentage is agreed on before the attorney begins working on the case. A medical malpractice lawyer will handle all of the upfront and ongoing costs related to litigating the case. This includes the cost of investigating the incident, securing expert medical witnesses, negotiating with other parties, and preparing for trial.