Medical Malpractice – 3 Myths About Medical Malpractice
Medical negligence is among the leading causes of death in the United States. Handling a medical negligence case demands a qualified, board certified attorney who has extensive experience in the courtroom. If you’ve received an incorrect diagnosis or lost a family member to surgery, then you may be wondering how to hold the provider responsible. The first step is to contact an attorney to see if you have a medical malpractice case that the courts will recognize. Here are three common myths about medical malpractice:
#1 – You can handle a legal claim on your own.
While it’s theoretically possible to file and pursue a medical malpractice claim without hiring an attorney, it probably won’t end well for you. No attorney can guarantee a positive outcome, but working on your own makes it significantly harder to move your case forward, let alone get any traction. Statutes of limitations – a set period of time in which you can file a claim – also exist for personal injury cases, making it even harder to file suit if you need to.
#2 – Medical malpractice lawsuits are driving up health care costs in the U.S.
You may have heard that medical malpractice suits make up a large chunk of national health care spending, to the point that they’re driving up the cost of care nationwide. That may not be true. A Harvard study in 2010 revealed that malpractice suits cost the U.S. about $55.6 billion a year, of which $45.6 billion was spent on so-called “defensive medicine.” That means doctors spent more than they had to on tests and other procedures in order to prevent lawsuits. As high as that figure is, it represents a mere 2.4 percent of national health care spending.
#3 – Any mistake made by a doctor provides good grounds for a medical malpractice case.
You have the freedom to bring a legal case for any reason, but the likelihood of your case making it to court – let alone getting settled or argued before a judge and jury – is slim to none if you don’t have a legitimate suit. Likewise, not every medical mistake counts as negligence or malpractice. Your doctor might misdiagnose you, but that doesn’t mean he or she did it intentionally or without caring about the outcome. In fact, about 15 percent of medical problems get misdiagnosed at the outset. Doctors can simply be wrong, and that’s not always grounds for a lawsuit.
If you feel that you or a loved one has a strong case of negligence or malpractice, then talk to a lawyer right away. An experienced attorney can evaluate your situation, run the details by expert medical witnesses, and tell you whether the case is worth pursuing. Contact personal injury firm Diez-Arguelles & Tejedor today to learn more.