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Five Myths About Medical Malpractice Lawsuits

August 26, 2020 Pegalis Law Group

Sadly, medical negligence is a lot more common than many people realize. However, so are the public stigmas and misconceptions surrounding such cases. Representing medical malpractice clients for nearly 50 years, Pegalis Law Group, LLC is here to debunk five myths about medical malpractice lawsuits. Don’t let one of these common myths prevent you from pursuing the legal compensation you deserve.

1. The Majority of Medical Malpractice Lawsuits Are Frivolous.

While there may be some frivolous medical malpractice lawsuits filed every year, it’s unfair to say most of them fit this bill. According to Harvard researchers, about 97% of medical malpractice lawsuits are merit-based, with about 80% of them relating to medical negligence resulting in a severe, life-altering injury or death. Contrary to public opinion, medical malpractice lawsuits are not always filed by “ambulance chasers” who are looking to cash in on a quick payout at another taxpayer’s expense.

2. Most Doctors Are a Malpractice Verdict Away from Bankruptcy.

Most settlements in medical malpractice lawsuits are paid directly by insurance companies and not out-of-pocket by the hospitals or physicians. Therefore, you shouldn’t lose any sleep at night, thinking your doctor will have to file for bankruptcy or lose any personal assets because of your claim. Some people also mistakenly believe an increase in medical malpractice lawsuits will cause a shortage of individuals wanting to pursue a career in the medical field. In reality, the American Medical Association has reported the number of doctors has doubled in the past 50 years with no expected decreases. The world will always need doctors, and there will always be plenty of people interested in filling that professional void.

3. The Number of Malpractice Lawsuits Outweighs Malpractice Incidents.

When you take the time to think about it, this myth doesn’t make very much common sense. Not every victim of medical malpractice files a lawsuit. Some victims are ignorant of their legal rights, while others aren’t convinced they have a case due to minimal evidence. Not all law firms and attorneys are willing and able to take on medical malpractice cases. As such, many cases involving medical negligence never make it to court. If you or a loved one has experienced medical negligence, you should speak with an experienced attorney. You won’t know you have a case until you discuss it with a professional. Don’t throw your legal rights away. Many medical malpractice lawsuits have time constraints for filing.

4. Filing a Medical Malpractice Lawsuit Drives Up Healthcare Costs.

It’s no secret that healthcare costs increase every year. However, the compensation received from medical malpractice lawsuits is rarely the culprit. The National Association of Insurance Commissioners estimates this compensation comprises less than 1% of annual healthcare costs. There is not as much correlation between the number of medical malpractice lawsuits filed and won and insurance premiums as you may think. Healthcare costs have been rising for decades due to an aging population of seniors who utilize Medicare and Medicaid programs, not to mention the rising costs of pharmaceutical drugs and the growing number of people diagnosed with a chronic illness, such as diabetes or osteoarthritis.

5. Filing a Claim Will Make Doctors Refuse Your Future Treatments.

You’d be surprised by how many medical malpractice victims actually believe this myth. In reality, most doctors won’t know you ever filed a medical malpractice lawsuit unless you choose to disclose this fact with them. Hospitals and emergency care providers cannot refuse treatment to anyone needing urgent care, despite your age, health, lawsuit-filing background, or lack of medical insurance. So, you need not live in fear of being refused future medical assistance because of filing a past medical malpractice claim.

Dedicated to Raising Public Awareness About Proactive Patients

Pegalis Law Group, LLC is a New York-based law firm committed to raising public awareness about being a proactive patient. For nearly 50 years, we have helped people who have suffered from personal injury or medical negligence. Please visit our website and follow us on YouTube, Twitter, Facebook, and LinkedIn to receive updates about how you can continue to be a proactive patient.