I would like to take a moment today to speak out about an argument that has come up several times throughout my career. All too often I hear the phrase “greedy attorneys file frivolous lawsuits against doctors just to get money.” It is then asserted that it is because of law firms such as mine that the cost of health care is so high for regular people. Before I begin I would like it known that I am not here to defend the actions of all attorneys. Nor I am trying to say that every potential lawsuit holds merit. Rather, I am here to defend those of us who have truly been damaged due to the negligence of another.
No one likes the idea of suing doctors. These are people that are meant to be caregivers and healers. The sad fact of the matter, however, is that when doctors do not follow the standard of care it can hurt and even kill people. Below are some of the myths that surround the world of medical negligence law. I present them in the hopes that if you or a loved one has been wronged by a doctor, you do not allow guilt to stop you from getting justice for you and your family.
Myth: Most Medical Malpractice Lawsuits Are Frivolous.
Fact: According to the Harvard School of Public Health about ninety-seven percent of medical malpractice claims have merit. Researchers examined over 1,400 medical negligence claims and found that almost all of them had legal merit for a negligent claim.
Myth: Attorneys Will Take Any Ridiculous Case To Try And Make Money
Fact: On average over eighty percent of all medical negligent cases are rejected. A study of medical malpractice plaintiff’s attorneys showed that only twenty percent of contacts requesting representation was accepted.
Myth: Lawsuits Against Healthcare Providers Is Responsible For The High Cost Of Healthcare
Fact: John’s Hopkins University School of Medicine found that malpractice payouts of one million dollars or more only added up to roughly one point four billion dollars a year. This sounds like a huge amount until you take into consideration that the annual cost of healthcare a year in the United States is two point six trillion dollars. This makes the total cost of large malpractice payouts less than one percent.
The truth of the matter is that the lives of innocent people can be forever ruined due to the negligent malpractice of a doctor. When an attorney takes on a malpractice case it is anything but half-heartedly. There has to be an established negligent act which can be defined in Model Utah Jury Instructions. Secondarily the attorney will typically call in the expert opinion of an objective doctor to help determine what the standard of care should have been. When a malpractice suit settles or goes to court it is not without merit, don’t be fooled. I have gathered this research from the following sources.
It is my hope that I have shed some light on the subject of not only medical malpractice cases but where the real cost of healthcare is coming from.