When people have been harmed by a medical provider’s negligence,
they may choose to sue that provider for medical malpractice. The goals
of such a lawsuit are to prove that the provider acted in a way that fell
below the standard of care expected of similar professionals, and to help
the patient recover money damages for the resulting pain, suffering, and expenses.
Media coverage of some unusual cases has fed the perception that people
often file frivolous suits against doctors just to make some easy money.
The reality is that most lawsuits are filed by plaintiffs who were severely
injured by clearly negligent practices: people who had the wrong limb
amputated due to miscommunication among hospital staff; parents whose
children were given overdoses of medicine or radiation; or bereaved spouses
of people who were not tested or treated in a timely manner for conditions
that would have been obvious to any trained professional.
In fact, a recent study on medical malpractice published by Rand International
(a nonprofit, nonpartisan institute) shows that in counties where adverse
safety outcomes for patients decreased, the medical malpractice claims
filed decreased as well.
Medical malpractice lawsuits are complex and lengthy. They require expert
testimony from medical professionals who understand the particular field
at issue; the gathering of hundreds of medical records and other documents
related to the patient’s health; and a thorough knowledge of the
relevant laws of the particular state in which the suit is brought. Hiring
an experienced attorney who can bring together the factual evidence, the
strongest expert testimony, and the best legal arguments is the key to
winning a medical malpractice lawsuit. In addition, as a skilled negotiator,
an experienced attorney may be able to present the case effectively enough
to generate a satisfactory settlement without requiring extensive litigation.
Obviously, we should all hope for fewer instances of medical malpractice.
However, as long as negligent acts continue to harm patients, those patients
should be allowed to recover full compensation for their injuries.
If you or a loved one have been injured in an accident or hurt on the job,
Call Joey Gilbert Law for a free confidential consultation. Never a fee
unless we win your case!