The Truth Behind Personal Injury and Medical Malpractice Litigation

Health care providers and their insurance companies have managed to persuade far too many Americans and injured parties that holding providers responsible for malpractice is a bad thing. They also claim that the number of medical malpractice claims and payments is increasing. This false presumption may deter injured parties from seeking representation and compensation for their injuries.

I simply cannot respond to the first contention. The idea of holding people and corporations responsible for their actions does not seem to be a bad thing.

However, I can respond to the second point.

The fact is that the prevalence and cost of medical malpractice litigation was at its lowest levels on record in 2011.

In contrast to the hundreds of thousands of annual adverse events attributable to medical mistakes, only 10,195 medical malpractice payments were made on behalf of doctors in 2011.

To put this in perspective, the number of payments made in 2011 equaled only a little more than 1 percent of the number of Medicare patients that the Department of Health and Human Services estimates suffered serious, avoidable injuries that year - and that says nothing of the hundreds of thousands or millions of non-Medicare patients who suffered serious harms due to negligence.

The problem with medical malpractice is medical malpractice. It is not litigation holding those who commit medical malpractice accountable for their errors; its the presumption associated with medical malpractice which deterred those harmed from seeking adequate relief.

If you have been injured due to faulty medical care, do not fall victim to the false notions set forth by the medical community regarding your right to redress and relief. You have a right to superior defense and restitution; at Joey Gilbert Law we are committed to securing these rights for you. Trust in our experience, compassion and understanding. Contact our office at (775) 574-4774.


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