Medical Malpractice Myths
Posted in Medical Malpractice on April 30, 2021
Every year, thousands of patients file medical malpractice claims against negligent healthcare professionals. While these claims allow victims to hold medical professionals accountable, medical malpractice lawsuits are often subject to many myths.
Only Doctors and Surgeons Are Liable for Medical Malpractice
Many people believe that the only parties who can be liable for medical malpractice are physicians and surgeons. In reality, all medical professionals may be liable for malpractice—including nurses, anesthesiologists, medical assistants, and many other employees. In some cases, the facility itself may be a defendant in a medical malpractice claim.
If you suffer an injury at the hands of a healthcare worker who provides treatment to you, you may have grounds to file a claim against him or her. However, the provider must treat you in a professional capacity, meaning that you must have received treatment from him or her during a medical appointment. If you ask a nurse friend for advice at a party, you cannot file a claim against him or her even if the advice turns out to be faulty.
Medical Malpractice Lawyers Are Too Expensive to Hire
Few people have the funds to pay for a lawyer out of pocket. However, it is a common misconception that medical malpractice attorneys are financially inaccessible. Most medical malpractice firms operate on a contingency fee basis, meaning that you do not pay legal fees unless the attorney secures compensation in your case. If your case is successful, the firm will take an agreed-upon percentage of your settlement as payment, limiting your out-of-pocket expenses.
The First Settlement Offer Is the Best Settlement Offer
Medical professionals and insurance companies may offer a settlement early in your case, claiming that accepting the offer is your optimal path to recovery. The truth is that you may not know the extent of your damages at this point in your case, and the settlement may not be enough to meet your needs. Since the insurance company and at-fault party are responsible for paying for your damages, they may offer a substantially lower settlement than what you deserve.
After an act of medical malpractice, it is crucial to speak to an attorney before accepting any settlement offers. Your attorney will be able to calculate your estimated award, evaluate any offers you receive, and determine whether they are in your best interest. Your lawyer will also negotiate with these parties to reach the highest possible settlement in your claim.
Medical Malpractice Claims Are Frivolous
Medical malpractice can lead to serious physical, financial, and emotional consequences. Depending on the nature of the malpractice, you may incur thousands of dollars in additional medical expenses, lose weeks of wages, or be unable to return to work at all. You may require long-term medical care and disability accommodations. The emotional and physical toll of a worsening illness or injury can also be difficult to bear.
These claims allow victims to recover the compensation they deserve. Through your lawsuit, you can hold the at-fault medical professional accountable for your damages and recover compensation to pay for the long-term effects of your injuries or illness. These claims aid you on your path to healing and reduce the financial burden of the malpractice.
Speak to a Missouri Medical Malpractice Lawyer
If you are the victim of medical malpractice, hiring a lawyer can provide you with the experience, skills, and resources you need to hold the at-fault party accountable. As soon as possible after the malpractice, contact an attorney to discuss your optimal path to compensation.