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Breaking Down the Myths: Common Misconceptions About Medical Malpractice

What You Need to Know About Medical Malpractice Cases

Until you are involved in a medical malpractice case you likely have a lot of assumptions about what they are and what they mean. Headlines over the last several years have sensationalized what medical malpractice is and who can file a claim. There are countless misconceptions and outright falsehoods about victims, impacts on healthcare costs, and more.

Medical malpractice is a problem throughout the United States. Medical errors hurt or kill a large number of people each year. Filing a medical malpractice case can not only help an injured party get the compensation they need but it can also deter future bad acts or omissions. If you are injured as a result of medical malpractice, it is strongly recommended that you speak with an attorney.

At Bailey Cowan Heckaman, we provide dedicated representation for individuals who have suffered harm as a result of medical malpractice. Our lawyers work tirelessly to ensure injury victims and their families get the money they deserve. Contact our office today to schedule a free, no-obligation consultation.

What Is Considered Medical Malpractice?

Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider fails to provide a reasonable standard of care resulting in harm to a patient. The standard of care must deviate from the normal practice within the industry. It is important to note that not all mistakes will amount to malpractice. The act or omission must have been the proximate cause of the injury to the person.

Common Medical Malpractice Myths

There are many assumptions that are made about medical malpractice. It is important to be able to discern between fact and fiction when it comes to medical mistakes and potential liability. An attorney can help you whether you were injured by a defective medical device, while receiving emergency room care, or because the doctor failed to obtain informed consent. 

One of the most important things to remember is that filing a claim for medical malpractice is one of the best ways to ensure you receive compensation for your injuries. Damages in a medical malpractice case can help provide compensation for your medical bills, lost wages, future care, and other losses.

Any Negative Outcome Means There Was Medical Malpractice

Not all negative outcomes will amount to medical malpractice. In order for a doctor, nurse, or other healthcare provider to be held liable it must be proven that they breached the duty of care they owed to you. In other words, it must be shown that they provided a standard of care that was below what is reasonably accepted in the industry. Tragically, medical mistakes happen, but not all of them result in liability.

Medical Malpractice Lawsuits Can Increase Healthcare Costs

While you may hear that medical malpractice lawsuits drastically increase healthcare costs it may not be so clear cut. Healthcare costs vary substantially by state. While healthcare costs have been rising, it is not necessarily linked to medical malpractice claims. 

There are several factors which play a role in the increased costs. Medical malpractice lawsuits are not the sole reason that healthcare costs have gone up over the past several years. These increases often present only a fraction of the cost, if any.

Doctors Are Always Blamed for Bad Outcomes

It may seem like doctors are always blamed for negative outcomes in medical malpractice cases, but that is not always the case. In a claim, there may be one or more parties that can be held liable for a person’s injury. 

For instance, a nurse, physician’s assistant, or the hospital itself may have contributed to a patient’s harm. Each party may have some degree of legal responsibility and therefore could be held accountable in a medical malpractice case.

Medical Malpractice Claims Are Easy Money for Patients

Medical malpractice claims are not get rich quick schemes. They are complex personal injury cases that are challenging to prove. They usually require the assistance of experienced attorneys and a dedicated legal team to win. 

To prove that a healthcare professional failed to provide a reasonable standard of care, there usually must be a substantial amount of evidence and expert testimony. The success rate, particularly of unrepresented medical malpractice victims, is low. However, while these cases are difficult to win, they are not impossible. An attorney can help you navigate the claims process.

Do You Have a Case?

With all of the myths and misconceptions about medical malpractice cases, it can be difficult to know whether you have a valid case. The best way to determine whether you should file a lawsuit based on medical malpractice is by consulting with an experienced attorney. 

An attorney can help determine your legal options. They will investigate your claim and help provide you with the resources and support you need to make an informed decision about your case.

Finding the Right Legal Team

While there are an endless number of medical malpractice attorneys, few have the experience necessary to get the results you deserve. When you have been seriously injured as a result of a healthcare provider’s negligence or wrongdoing, you need to find a legal team that will fight for you and your family. You need a trial lawyer that is unafraid to litigate your case.

At Bailey Cowan Heckaman, we have recovered over $2 billion dollars in verdicts and settlements for our clients. Our legal team has been helping injured parties for over 60 years. We know the law and will not rest until justice is served.

Contact Our Office to Schedule a Free Consultation

Were you injured as a result of medical malpractice? Contact our office to schedule a free consultation. At Bailey Cowan Heckaman, our lawyers will help guide you through the legal process including determining the best course of action based on the circumstances of your case. 

We are here to help you and your family get the financial recovery you need and deserve after a medical mistake caused you harm. Do not trust your case to a less experienced firm. Contact us now to get started. 

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