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Medical Malpractice: Expectations vs. Reality

September 20, 2020 Pegalis Law Group
Gavel and Stethoscope on wood table. Perfect for law firms specializing in medical malpractice.

When it comes to medical malpractice, there’s a lot of conflicting information available on the web. As such, people’s expectations frequently don’t match reality. Pegalis Law Group, LLC is here to set the record straight for our NYC-area clients who may be contemplating a case for personal injury or medical negligence. Educating our clients so their expectations more closely resemble reality leads to better-informed, satisfied clients. Below, you’ll find several common client misconceptions we’ve observed.

Expectation: I Don’t Have a Case. Reality: Yes, You Do.

Many people don’t file a medical malpractice suit because they’re afraid they don’t have a strong enough case, or they may not even be aware they have a case at all. Misdiagnoses and mistakes happen at all levels in the medical profession with consequences that may haunt you for the rest of your life. If you put your health in the hands of a skilled professional and were not treated properly, you could be owed legal compensation for your pain, suffering, or personal injury. In a medical malpractice case, it must be proven that your healthcare provider’s negligence led to substandard treatment resulting in significant harm. However, not all medical errors are considered malpractice. An experienced medical malpractice lawyer will be able to determine if you have a case.

Expectation: Anxiety About Filing. Reality: Don’t Worry.

Don’t let anyone intimidate you into thinking you don’t have just cause to file your medical malpractice claim. You shouldn’t worry about being refused future medical care by filing, as most doctors will be unaware of your history. You also shouldn’t worry about the costs of filing. Most respectable law firms do not ask clients to pay expenses. The only way the attorney recoups expenses and earns a fee is when the case is settled or there is a favorable jury verdict. That way you can be assured that an attorney won’t take your case unless they think you have a chance of getting the compensation you deserve. Don’t let your anxiety about filing prevent you from filing on time. There is a statute of limitations on pursuing medical malpractice lawsuits. Discuss your case with an attorney as quickly as possible so as not to lose your right to file a lawsuit.

Expectation: Millions. Reality: No Two Suits Are the Same.

While many people may have dollar signs in their eyes when filing a claim, the reality is most medical malpractice suits do not bring millions of dollars. You can’t look at a similar case and expect the same results. No two medical malpractice suits are the same. You could receive a higher or lower settlement, depending on your injuries, the type of medical negligence, your related financial losses, your age, and other factors. The only way to determine what a fair amount of compensation could look like is to schedule a consultation with a seasoned attorney. However, there are never any guarantees when it comes to medical malpractice lawsuits. Be wary of a lawyer who makes too many promises upfront without delving deeper into your case.

Expectation: Instant Results. Reality: Settlements Take Time.

One of the biggest client expectations often resulting in disappointment is how long it takes to process a medical malpractice suit. While you may think you have an open-and-shut case, the reality is it often takes years before your medical malpractice claim may be settled. Factors determining the amount of time needed include the complexity and strength of your case, as well as how busy the courts are in your jurisdiction. It also depends on whether your case can be settled outside of court or requires a trial by jury.

Dedicated to Raising Public Awareness About Proactive Patients

Pegalis Law Group, LLC is a New York-based law firm with a focus on cases involving personal injury and medical negligence. For nearly 50 years, we’ve also been committed to raising public awareness about proactive patients. Please visit our website and follow us on YouTube, Twitter, Facebook, and LinkedIn to receive additional insights about medical malpractice suits and the benefits of being well-informed.