Why File a Medical Malpractice Lawsuit?
The choice of whether to file a medical malpractice lawsuit is intensely personal. As with most decisions, there are risks and benefits, pros and cons.
Of course, these are some of the most complicated and sometimes drawn-out types of legal claims. It may take a year or more for your attorneys to investigate and obtain sufficient evidence to file a lawsuit. Once the case is filed in court, it may take another year or more, and trial often lasts anywhere between three days and three weeks. It can be an emotionally draining experience. The deeply personal question is whether it is worth it.
Reasons to File a Medical Malpractice Lawsuit
Justice: lawsuits of all types appeal to our innate sense of right and wrong. From the time we are children, we are taught to accept responsibility for our mistakes. Most medical malpractice does not happen maliciously—doctors do not usually intend to harm their patients. But because of inexperience or inattention, mistakes happen and people are injured. In this sense, a medical malpractice lawsuit is just like any other lawsuit—if someone runs a red light and collides into another vehicle, he is responsible for any damage caused. This is simply fair.
Quality of Life: most medical malpractice cases filed in courts are the result of severe and often permanent injuries. The patient has suffered some sort of intense loss, whether it be a child with significant intellectual disabilities and cerebral palsy, the loss of a limb, or even wrongful death. In many cases, the economic costs of those injuries are severe. Certainly, some may rely on social security disability, private health insurance and medical assistance to foot the bill. However, when the injury was the fault of another, that isn’t fair to taxpayers, and even worse, there are typically significant gaps in the quality of care. Medical assistance won’t pay for everything, but money from a verdict (typically through a doctor’s medical malpractice insurance) can give a family the control it needs to decide on appropriate medical care, therapies, medicines and treatments.
Knowledge: no matter how close you are with your doctors, they are probably closer to each other. That means that when something goes wrong, you may not get the full truth. A doctor evaluating your child who suspects that another doctor acted negligently during labor might be reluctant to “tattle.” As a result, parents often have no other place to go for answers. Talking to a birth injury lawyer, however, can lead to an honest thorough evaluation of what happened. Our medical experts have no relationship with the doctors who participated in your child’s birth—oftentimes, they are located in different states altogether. This is a way for you to get answers.
You may have questions about the process of a medical malpractice investigation and lawsuit, or want more information on whether you have a case. There are important deadlines that may prevent recovery, so the best course is to contact an attorney to see what your options are. You can reach our medical malpractice attorneys at (440) 252-4399 or online for a free consultation.