Top 4 Medical Malpractice Claims Myths
Sadly, recent studies of medical errors published on pubmed.ncbi.nlm.nih.gov, estimate that medical errors may account for as many as 251,000 deaths annually, which makes medical errors the third leading cause of death in the U.S. While the numbers reported typically range between 45,000 and 95,000, experts acknowledge that less than 10 percent of medical errors are reported. When a person is injured as a result of negligent medical care or preventable medical errors, they may be entitled to compensation through a medical malpractice claim.
When it comes to personal injury claims, there are probably more myths and misunderstandings about medical malpractice claims than any other category. This is a problem because myths can prevent injured patients or their loved ones from seeking the settlement they deserve for their injuries.
Top 4 medical malpractice claims myths
- Medical malpractice lawsuits are frivolous
Over the years, it has become popular mythology that medical malpractice lawsuits are frivolous and drive up the price of healthcare. The truth is that 80 percent of medical malpractice cases are filed for severe injuries to the patient, including disability or death, and that 97 percent of cases have strong evidence that injuries were caused by medical errors or medical negligence. An experienced medical malpractice attorney can asses your case and let you know if you have a medical malpractice claim.
- Medical errors are not preventable
It would be comforting to believe that medical errors only happen when they could not be prevented but that is far from reality. National health studies have consistently shown that over 70 percent of medical errors are preventable. Common preventable medical errors include:
- Improper medical treatments
- Failure to diagnose
- Drug and medication errors
- I can’t afford to file a medical malpractice lawsuit
It is a myth that clients need to pay up front or out-of-pocket for medical malpractice claims. If you need help with a medical malpractice claim, do not worry about paying large sums of money out-of-pocket. The law firm advances many out-of-pocket costs for injury clients. When cases are concluded with a monetary recovery, the firm is repaid for the out-of-pocket costs they have advanced from the proceeds of a settlement or judge or jury verdict.
- I can file a medical malpractice claim on my own
Injured patients or loved ones filing a medical malpractice claim for the loss of a loved one should know that medical malpractice claims must follow a set of complex laws that vary from state to state. They also require substantial evidence gathering to prove the following five elements:
- A doctor-patient relationship existed
- A duty of care existed,
- a medical professional breached their duty of care,
- the breach of care caused injuries,
- and the patient suffered damages as a result of injuries. (Damages include pain and suffering, medical expenses, disability, lost wages, etc.)
It is very difficult, if not impossible, for a person who is not a medical malpractice lawyer to bring a successful medical malpractice claim.
Seek the help of a medical malpractice attorney
If you were injured because of medical negligence or lost a loved one due to a preventable medical error, you have enough to deal with. Let an experienced medical malpractice attorney fight for justice on your behalf. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a medical negligence lawyer. Call the most experienced practicing medical malpractice attorneys Bellingham has at Tario & Associates, P.S. today for a FREE consultation! We have been representing people injured by medical negligence in Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!