Are you Afraid to sue for Malpractice?

Last Updated on June 17, 2020 by Michelle Wan

Malpractice occurs when a health professional fails to provide proper treatment, and that failure causes a patient’s injury or death. Being afraid to sue for malpractice is not uncommon. There are many reasons why people are afraid or unsure if they have a case.

Maybe you like your doctor! Some people have been seeing their doctor for many years and don’t want him/her to get in trouble. Sometimes it is hard to believe that the long-time doctor could have done something wrong, but months later when another doctor catches a misdiagnosis, it could be due to negligence by your original doctor. By filing a lawsuit, you can help prevent future cases of malpractice. Now, if a doctor does what he or she can to make it right, i.e., by offering compensation, provide an apology and admit the error, that doctor is actually making sure you are being treated properly. But, make sure the compensation is worth what he or she did—don’t sign anything or accept compensation until you have had time to discuss with your family and an attorney.

Can I win? A common question people ask themselves is: “Can I win my case?” Most lawyers offer a free consultation where he or she will go over the facts of your potential case and ask you questions. It is common for an attorney in reviewing a potential medical malpractice case to request to see your medical records. An attorney has to review your medical records to find out what happened and to help prove if malpractice has been done to you or a family member.

I don’t want to spend the money or take the time. If you think filing a lawsuit is cost-prohibitive, think again. Most medical malpractice attorneys offer their services on a contingency-fee basis. What this means is you will not owe any money out of pocket. The attorneys only take a fee if your case is settled or wins at trial– only then will you owe money for the attorneys’ time and expenses—and that money is just taken out of the settlement or verdict. Lawsuits do, however, take time and money, but that is why you hired us, so we can do the leg work for you and file the proper documents.

I’m not sure who is responsible. This is where the medical records come into play. Our highly qualified experts review your records to determine what happened and who, if anyone, committed malpractice—it could be a nurse, doctor, surgeon, pharmacist, or an entire hospital-wide system failure. It could be all of the above—the attorneys and experts have the experience and knowledge to tell you who committed malpractice and who you can sue, if anyone.

But, I’m not the suing type. Lawsuits are an important part of our justice system. By bringing a medical malpractice lawsuit, the attorneys can help you or your loved one with a financial recourse when you have run out of options. A lawsuit can also send a powerful message to the doctors and hospitals to do their jobs properly as well as to the insurance companies for doctors and hospitals. Don’t be afraid to file a lawsuit. Filing a lawsuit can offer you a chance to: help others avoid negligent doctors and poorly-run hospitals, find peace of mind, and receive the compensation you deserve.

But, everyone makes mistakes. Yes, we all make mistakes, but malpractice is not a mistake or accident. Malpractice/negligence is doing something that falls below the standard of care which a reasonable doctor or hospital would not do—maybe it is due to a nurse’s lack of experience or poor training or a doctor trying to take short-cuts or overworked and tired healthcare professionals. Yet, these are all factors that were created by deliberate choices, not mistakes, such as: a hospital being cheap by hiring new nurses and firing the experienced ones, nurses being afraid to call a disliked doctor in the middle of the night, not providing any training or practice drills for emergency situation, just to name a few examples. Most of the time, there is more than just a simple error that caused malpractice. Let an experienced medical malpractice attorney tell you how the system failed through a series of deliberate choices that ultimately led to malpractice on you or a loved one.

If any of these reasons are why you have been afraid to contact an attorney, please call today and let us discuss your case and answer the questions you have. Our office has extensive experience in all medical malpractice matters. We look forward to being able to help you or a family member get the justice you deserve and need.