Following Through With your Medical Malpractice Suit!
Posted on Nov 5, 2012 2:35pm PST
Did you know that most medical malpractice lawsuits never even make it to settlement? According to the Triangle Business Journal, more than half of all plaintiffs with a medical malpractice claim abandon the claim voluntarily once they start gathering information about the case. In a lot of cases, an enraged family may believe that their doctor has wronged them by a misdiagnosis or an over medication. In a fit of frustration, these offended people will hire a lawyer and begin to work through their case. Yet as they hash out the details of what happened, they find that their claim is not as strong as you thought it was. Research published in the medical journal Health Affairs suggests that only a quarter of all medical malpractice claims actually settle and only 15 percent are adjudicated at all.
Most of the time the plaintiffs will drop their claims because of a lack of proof to support their allegations. A professor at Suffolk University, Dwight Golann, says that insurers and hospitals should adopt new procedures to encourage both plaintiff attorneys and defense representatives to exchange information more efficiently. This may keep the courts from being bogged down by cases that will never be concluded because the plaintiffs will soon realize that their complaints are not legitimate. The professor also says that hospitals should discuss the merits of malpractice cases more candidly and explain why medical malpractice cases are pursued. Attorneys should also work hard to resolve cases quickly and encourage plaintiffs to abandon their case before arriving at court if there is no proof of the alleged offense. Also, plaintiff attorneys should further encourage and work alongside discouraged clients who are thinking of abandoning the case but have the details to possibly win a large settlement.
If there was clearer communication between lawyers, hospitals, and plaintiffs from the start, many believe that the cost of medical litigation would drop drastically. It is well known that only a small percentage of plaintiffs will ever recover money in their lawsuits, and those who do had to work very hard with the help of a professional lawyer to get the settlement that they did. If you believe that your case is worth pursuing, then medical journals suggest that you go for it full force. You should not back down when you believe that you don’t have enough evidence. Most medical malpractice cases are not lost, won, or settled. They are instead abandoned by someone who does not want to pay the court and attorney’s fees any longer and is getting discouraged.
In all, about 70 percent of all medical malpractice claims brought against doctors fail. They may not be lost, but the plaintiff will fail to get the compensation that he or she desired when he or she set out to pursue the case. Premiums for medical malpractice insurance took a big drop this year thanks to a tort reform that went into practice about a year ago. The insurance industry has been seeing the trend of dropped cases for years. If you have a case that you want to pursue, then you need to start by hiring a hardworking lawyer to give you advice on your case. Arrive at your consultation with all evidences in hand and explain the case that you believe is worth pursuing. An honest attorney will be able to tell you whether or not you have a shot at a settlement in court. If you do, then you can start pursuing the case with the help of your hardworking lawyer. If you are represented by the best in your area, chances are that you have a higher potential of winning your case! Contact a medical malpractice lawyer in your area today to start your quest for justice and the damages that you deserve!