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10 Reasons People Don’t Sue Their Doctors But Should

Fiol & Morros Law Group|Posted in Medical Malpractice,Hospital Negligence on June 5, 2017

You might have a medical malpractice case if a health professional fails to provide proper treatment, and that failure caused your injury. Generally, medical malpractice occurs when all four of the following apply:

  • You had a doctor/patient relationship.
  • Your doctor violated his or her duty of care (i.e., committed negligence).
  • That negligence directly led to injuries or a poor health care outcome.
  • Those injuries led to specific damages.

In the medical profession, you’ll find most doctors are wholly devoted to their patient’s health. Unfortunately, you’ll find some who cut corners and don’t have their patient’s best interests at heart. These are the top 10 reasons people should sue their negligent doctors, but don’t:

1. They Like Their Doctor

We all develop personal relationships with our health care providers. Sometimes, it’s hard to believe those who help us could do anything wrong. But, if your doctor misses an important diagnosis that another doctor catches six months later, it could be due to negligence. Even if you like your doctor, protecting others in a similar situation is crucial. By filing a lawsuit with a medical malpractice attorney can help prevent future cases of malpractice.

2. They Don’t Think They Can Win

Some people are afraid to pursue a medical malpractice suit because they aren’t sure if they can win. This is why most lawyers offer free initial consultations: it allows them to be selective and take on cases they believe have true legal merit.

3. They Don’t Have Medical Know-How

Some people are afraid of pursuing a medical malpractice claim because they lack the industry expertise to know if their doctor committed malpractice, but you don’t need a medical degree to get the sense some treatment wasn’t the best. Talk to an attorney if you suspect a doctor was negligent in your care.

4. They Don’t Think Their Injuries Are “Serious Enough”

Some people think they need to have a missed cancer diagnosis to have grounds for a lawsuit. In reality, even smaller mistakes that decrease your quality of life can be grounds for medical malpractice.

5. They Don’t Want To Spend the Money or Time

If you think filing a lawsuit is cost-prohibitive, think again. Most injury attorneys offer their services on what’s known as a “contingency-fee” basis. In other words, you won’t own a dime unless you win a settlement.

6. They Don’t Want To “Look Bad”

Many of us worry about our reputations from time to time, and you may not want to file a lawsuit if you think it’s going to make you look like a “money-grabber,” but a personal injury settlement  is about getting compensation for your injuries and your decreased quality of life. Shouldn’t you get compensation for medical bills you could have avoided?

7. They Don’t Need the Money

Some people don’t think they need the money from a personal injury claim, but there’s another important aspect of medical malpractice cases: they provide a check on doctors who get sloppy. Filing a suit may encourage them to be more careful in the future.

8. They Don’t Know Who Is Responsible

In a medical malpractice case, any number of people can be guilty of negligence, from your nurse or pharmacist to your doctor or an entire hospital. It’s an attorney’s job to determine who committed negligence during your care.

9. They Think All People Make Mistakes

True, we all do make mistakes, but some mistakes are worse than others, and there is a difference between a mistake and negligence. Let an attorney help you decide which happened in your case.

10. They’re Not “The Suing Type”

Lawsuits can sometimes get a bad rap, but they’re a vital part of our justice system. A personal injury lawsuit not only provides financial recourse to those who feel they’ve run out of options, they also send a powerful message to the defendant. Don’t let that stop you from filing a medical malpractice lawsuit.