| Despite popular opinion about the "skyrocketing" | | | | doctor's substandard care, more likely than not, |
| increase in malpractice suits and awards, the | | | | was a substantial factor in causing injury. |
| number of suits has not increased since 1996, and | | | | 6. The injured patient has not retained an |
| in most cases, plaintiffs receive nothing. There are | | | | experienced attorney. |
| a variety of reasons why patients do not recover | | | | The world of medical malpractice claims is a world |
| any compensation for injuries suffered while | | | | unto its' own. It has its' own special rules and laws. |
| receiving medical care. Most of these issues stem | | | | We believe that it is imperative that an |
| from general misconceptions about medical | | | | experienced medical malpractice attorney or an |
| malpractice. It is important for potential | | | | attorney that is 'teaming up with' an experienced |
| malpractice victims to understand these issues | | | | malpractice attorney represent you. |
| while seeking counsel to represent their case. | | | | 7. The statute of limitations has expired. |
| 1. Patients don't know they are victims of medical | | | | This is the time a person has to start a lawsuit. |
| malpractice. | | | | The time limit is very different for a city, state or |
| Studies show that roughly 2.9 to 3.7 percent of | | | | municipal hospital than it is for a private hospital or |
| admitted hospital patients suffer some sort of | | | | doctor. One reason that you should consult an |
| preventable injury as a result of medical | | | | experienced medical malpractice attorney early is |
| management (i.e., not from the original medical | | | | to determine when the statute of limitations |
| condition). Even more management-related injuries | | | | expires in your case! DON'T LET YOUR TIME RUN |
| occur outside of the hospital. These injuries are a | | | | OUT without knowing your legal options! |
| result of a physician /administrator's affirmative | | | | 8. Jurors have been biased by the insurance |
| mistake, or that person's failure to act in a | | | | industry. |
| particular situation. Types of mistakes include | | | | The insurance industry has spent millions of dollars |
| errors in diagnosis, use of automated materials, | | | | funding research to suggest that there is a |
| and inappropriate delay of treatment. | | | | widespread problem with respect to medical |
| However, one of the most common errors | | | | malpractice suits. These studies claim that |
| occurs with administering medication. The | | | | excessive verdicts are causing malpractice |
| Massachusetts State Board of Registration in | | | | insurers to raise their premiums, forcing physicians |
| Pharmacy estimates that in Massachusetts alone | | | | out of the medical profession. It has been proven |
| 2.4 million prescriptions are filled improperly each | | | | that increased medical malpractice premiums have |
| year, the majority of which involve providing the | | | | nothing to do with lawsuit verdicts! Even the |
| wrong strength drug, or the wrong drug | | | | American Insurance Association has said that |
| altogether. Each layer of communication | | | | lawmakers who enact "tort reform" should not |
| introduces another opportunity for error. | | | | expect insurance rates to drop! Jurors who hear |
| Improper diagnoses and negligent supervision of | | | | the insurance company propaganda then award |
| trainees are other common errors, and both have | | | | less of a verdict than they would normally have |
| led to disastrous results in many cases. Up to | | | | deemed appropriate. Unfortunately, after the |
| 98,000 patients are killed each year as a result of | | | | verdict is reduced on appeal, malpractice victims |
| preventable medical errors, the eighth leading | | | | often receive less than is necessary to pay their |
| cause of death in the U.S., yet only 10,000 cases | | | | medical bills for treating the subsequent injury that |
| of malpractice are filed each year. In the vast | | | | was caused by the malpractice. Even your doctor |
| majority of cases, however, the fact that a poor | | | | probably believes that by capping, or reducing |
| medical outcome was caused by malpractice is | | | | damage awards, this will cure all that is ill with the |
| hidden from the patient. | | | | legal system. |
| 2. No autopsy was ever performed. | | | | Nothing is further from the truth. The medical |
| Remember that we must prove both | | | | malpractice insurance companies are in business to |
| carelessness on the part of the doctor or hospital | | | | make money. Not to pay out money. The more |
| and that the carelessness resulted in death or | | | | they pay out in claims, the less profit they and |
| injury. In a medical malpractice case that results in | | | | their shareholders take home. I have always |
| death, it is extremely difficult to prove that the | | | | asserted that if the doctors wanted satisfaction in |
| death occurred because of the malpractice | | | | reducing their inflated premiums, they should look |
| without an autopsy. This is because there are so | | | | no further than their own malpractice insurance |
| many reasons why a person might have died, but | | | | companies. By demanding rate reductions and by |
| we must prove that at least one of the reasons | | | | threatening to obtain coverage elsewhere, the |
| for the death was the negligence or carelessness | | | | insurance companies have to realize that their |
| of the doctor or hospital. | | | | rates must be re-evaluated. Also troubling is why |
| 3. A physician's poor bedside manner does not | | | | physicians have not banded together to open |
| constitute negligence. | | | | competing insurance companies in order to obtain |
| In the vast majority of cases, even egregiously | | | | reduced rates. |
| poor bedside manner cannot be considered in | | | | 9. The injured patient is unable to hire good |
| determining whether a physician was legally | | | | qualified medical experts. |
| negligent in providing treatment. We have | | | | You cannot win a malpractice case without a |
| reviewed many cases where arrogant doctors | | | | medical expert. A good expert who is willing to |
| provided care and the patient was injured. It just | | | | testify can be hard to find. It is becoming |
| doesn't matter legally that the doctor was a jerk. | | | | increasingly difficult to find doctors who are willing |
| We must prove, with expert medical opinion that | | | | to stand up for what is right and to right a wrong. |
| the treatment departed from good and accepted | | | | It takes time and money to find the best experts |
| medical care, and not bad bedside manners, that | | | | for your case. This is one area where insurance |
| caused injury. | | | | companies have an advantage. If they have a |
| 4. The patient suffered no significant damages. | | | | case that is particularly bad for their doctor, they |
| As we noted above, the legal system is not set | | | | may show the case to many experts before |
| up to handle small medical malpractice cases. We | | | | they find one to support the defense (or concoct |
| decline hundreds of cases a year where it | | | | a defense). They can afford to hire many |
| appears that the doctor was careless but the | | | | experts. Most plaintiffs cannot afford to have ten |
| resulting injury is not significant. A pharmacist may | | | | experts look at their case in order to determine |
| incorrectly fill your prescription, and you might get | | | | which expert will work 'best' for them. |
| sick for a few days. If you have a good | | | | Increasingly, doctor's professional groups are now |
| recovery, however, you probably don't have the | | | | attempting to bring claims against doctors who |
| basis for a case. That's because the costs of | | | | testify against other doctors. These claims seek |
| pursuing the case will be greater than the | | | | to revoke the doctor's board certification or |
| expected recovery. Our Court system may not | | | | punish the expert doctor for testifying for a |
| be perfect, but it does act as a filter to keep out | | | | patient. This has happened recently in the field of |
| all but the most serious cases of medical | | | | neurosurgery and obstetrics and gynecology. The |
| malpractice. | | | | potential threat of professional repercussions for |
| 5. The physician or hospital's mismanagement did | | | | testifying on behalf of a patient will significantly |
| not necessarily cause the injury suffered. | | | | inhibit many doctors from helping injured victims in |
| As discussed earlier, it is very difficult to prove | | | | seeking justice and proper compensation. |
| that medical wrongdoing was the reason why the | | | | 10. Juries like doctors. |
| patient suffered the injury that he or she | | | | Folks sitting on juries rely on doctors when |
| received. The insurance companies have many | | | | they're sick. They trust their doctor. Their family |
| standard defenses including, for example, that | | | | uses the doctor. The doctor has trained for many |
| (1)The injury was an unforeseeable consequence | | | | years to learn their specialty. How can the doctor |
| of the initial condition/injury, (2)The injury was due | | | | be faulted for something that would have |
| to the patient's non-compliance with prior medical | | | | happened even if good care were rendered? |
| advice, (3)The risk of the patient's particular injury | | | | Fighting a malpractice case is an uphill battle. But, |
| was a known, recognized, acceptable risk | | | | with proper information, the right facts, the right |
| (acceptable to whom?), (4)Some other party was | | | | experts and an experienced attorney, you stand |
| responsible for causing the injury, or (5)The injury | | | | a much better chance of knowing the risks of |
| was caused by a previous illness or disease. | | | | taking your case to trial. |
| Medical malpractice claims must show that the | | | | |