Medical Malpractice Suits Driven by Plaintiffs

Who drives medical malpractice lawsuits and are they as prevalent as people actually think?

In actual fact, lawsuits are usually driven by plaintiffs. If that is the case, then it is reasonable to assume that medical malpractice lawsuits are a rapidly burgeoning sector within the total lawsuit industry. It appears that med mal lawsuits are beginning to play a greater role than they have ever played before, for a variety of reasons.

There are recent surveys that indicate medical errors are on the increase even in the face of new technology. The reasons for that vary, but by and large the main reason for the increase in errors is a lack of time. In the 21st century the American health system is in total shambles and seriously overburdened. Doctors and other medical professionals are overworked and dead on their feet from trying to keep up with the constant demand for medical services.

While it’s nice to have new technology, it takes time to learn that technology and what it is able to achieve. If there is no time because the physicians are running to keep up with non-emergency cases, the hospital ERs are jammed with people who should not be there and the clock is ticking, medical errors will still happen.
The more medical mistakes happen, the greater the potential for lawsuits, as it seems that today’s patients are more aware of what constitutes medical malpractice and are willing to file a lawsuit to seek justice.

Never assume that you do have a case of medical malpractice without consulting with a highly trained medical malpractice attorney. Choose one who has an extensive record handling all kinds of medical malpractice suits, who knows how difficult these cases are and who is prepared to ensure you receive the proper compensation for any injuries you may have sustained.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Tort Reform Hurts People

On the surface, tort reform sounds like it might be a fine idea, but the underlying premise is flawed and would actually hurt those it is supposed to help.

The great health care debate has actually dragged up more for discussion besides health issues, and one of those issues deals with the concept of tort reform. Tort reform sounds like not a bad idea until one really takes a close look at what it means to victims of medical malpractice whose lives have been devastated.

Typically, medical malpractice lawsuits that make it to court are the ones in which the victim has sustained serious injuries; injuries that have altered their lifestyles to the point where they need ongoing medical care of one type or another. They may also need therapy, medications, regular treatments, counseling, in-home care and renovations to make their house livable. In instances such as this, juries have been known to hand out high awards to pay for such serious damages.

Tort reform would stack the deck even further against the victims. Physicians and hospitals already have a significant advantage going into a medical malpractice lawsuit because med mal cases have the shortest statute of limitations for any case. Mounting a complex med mal lawsuit with only a year to get things together is nigh onto impossible. While the clock is ticking in favor of the defendants, the plaintiffs are struggling to get evidence together to prove their case.

In addition, a lawsuit cannot be filed against a doctor or hospital unless it has been certified by a qualified medical expert to be a lawsuit of merit so these are not frivolous lawsuits.

If these points are not enough to ponder, add in that any incriminating evidence or information uncovered by internal investigations into an injury or death cannot be discovered by the patient or the patient’s family. Talk about prejudicial actions.

Furthermore, insurance companies protecting the doctor and/or hospital have financial and other resources and access to experts that far exceed the resources available to most patients. Add to this that the primary evidence in any medical malpractice case is the medical chart, which is authored by the doctor(s) and other medical personnel at a hospital, and the patient has no say in what goes in that chart, nor any control over it. Once again, the deck is stacked in favor of the medical profession and the victim is left hanging out in the wind trying to make a case.

Unfortunately for the victims of med mal, jurors are usually more sympathetic to a doctor being sued than the patient, particularly if it is the patient’s family who has brought the suit to court. Even if a plaintiff/patient does stick to their guns and pursues the case, 48 out of 50 states have capped the limit on the amount of damages that may be recovered. This cap has no relation to actual injuries and is only in place so the insurance companies may have a “fixed” cost when insuring negligent doctors.

In a nutshell, tort reform means patients having to give up constitutional rights just to have access to health care, and insurance companies coming out ahead by limiting their claim payouts. The person who needs the most help is the patient, and tort reform does anything “but” help a patient who has suffered at the hands of the medical establishment. Victims of medical malpractice need to get an experienced med mal attorney to help level the playing field.

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

On the Line Over Medical Malpractice

There is no doubt that if you have been the victim of medical malpractice, your future is on the line and justice is of the utmost importance.

Probably the most vital thing you will ever need if you are a victim of medical malpractice is a highly skilled attorney who specializes in this area of the law. Your whole life and future are on the line and you need to do something about it immediately. Do not wait, even if you are unsure as to precisely what happened.Discuss your situation with an attorney and learn what your rights are and whether or not you may be eligible for compensation. The bottom line is that you need someone who knows what they are doing on your side if you face going to court to recover damages for your injuries.

A med mal attorney works with the doctor’s office and/or the hospital to get all the information that may not be available to you. S/he knows how the medical system works and knows what your rights are and will fight to make sure you are accorded those rights. Working in two different systems like this means you will get the best benefits if you ultimately need to go to court. Your job is handling the devastating effects of malpractice while your attorney hears your story and mounts a case.

Discussing your case with a med mal attorney is the beginning point here. S/he will assess your case, do some background work and then determine if you do indeed have a legitimate malpractice claim. Ask questions and mention everything you think of to your attorney, even if you think it’s an unimportant detail. You never know what information will be valuable in a medical malpractice court case, but your attorney does.
The other very important thing you need to be aware of when dealing with medical errors or malpractice is that your rights as a patient come first. This is what your attorney will be fighting for should you go to court. S/he will ensure your case is heard and that your claim is taken seriously.

Once a med mal case is filed your attorney is with you every step of the way from gathering records and files to examining lab results and finding expert witnesses. If you have been the victim of a medical procedure gone wrong or are suffering from debilitating side effects as the result of a drug the doctor gave you, the lawyer will argue for compensation for the injuries, for the costs of treating those injuries, lost income from missing work and for the emotional and physical distress you face daily since the medical incident.

While these cases are not easy, your attorney knows how to find their way through all the potential landmines that might crop up. Don’t hesitate to consult with a medical malpractice lawyer if you suspect that your personal injuries are the result of medical negligence or malpractice. The only bad thing you can do if faced with this kind of a situation is to NOT ask questions.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.