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January 16th, 2025
Medical malpractice can be confusing and overwhelming to understand. Patients expect to be able to trust their doctors, nurses, hospitals, and other medical professionals. However, there can be cases of error in which the patient is harmed far more than they are helped. When these errors are caused by medical negligence, the patient can file a medical malpractice case to pursue the compensation they deserve.
What Is Medical Malpractice?
Medical malpractice is when an act of negligence leads to unnecessary harm, and even death, to patients. To successfully file medical malpractice cases, patients must prove the fault of the medical professional or hospital. This fault can be determined with evidence like proof of the deviation from the standard of care or proof of suffering due to injuries from the medical professional.
The misconceptions and confusion around medical malpractice can often deter patients from seeking the compensation they deserve. At Bordas & Bordas, we are dedicated to empowering our clients in their fight for justice. The following explains and debunks some of the common myths regarding medical malpractice to help you determine if you can file for compensation.
Myth #1: Medical Malpractice Cases Are A Waste Of Time And Resources
Due to the efforts of insurance companies and healthcare providers to cover up medical malpractice cases, people often assume it is overly challenging to get the compensation they deserve in a medical malpractice case. While such a case requires specific, clear evidence to prove negligence, with the right team, it is possible to earn the justice you deserve. Personal injury attorneys with medical malpractice case experience understand the frustrations of dealing with large healthcare providers and/or insurance companies. Our lawyers can guide you on the path to justice, as we know the best forms of evidence to collect to prove your case.
Myth #2: It Is Easy To File A Medical Malpractice Case Without A Lawyer
While it may be possible to file a case without a lawyer, it will make the process of getting the compensation you deserve much harder. An attorney will have the best perspective and insight into collecting the necessary evidence to support your case. Such evidence has the potential to make or break your claim. In a long and sometimes tedious process, it is best to have an experienced lawyer on your side.
Myth #3: Every Medical Mistake Can Be Labeled As Medical Malpractice
Various errors occur within the healthcare industry, but only some of these mistakes are considered medical malpractice. To qualify as medical malpractice, an action must be proven to have failed to meet the standard of care. The standard of care is known as the expectation of attention and patient focus in the medical community. Additionally, the victim must prove that the failure to meet the standard of care caused them harm. So, to build a medical malpractice case, it is crucial to collect medical records before and after the incident.
Myth #4: Medical Errors Are Rare
Despite their expertise, medical professionals still make mistakes. Over 200,000 annual deaths in the U.S. are estimated to be caused by medical errors. Thus, medical mistakes occur more often than many expect, making it even more important to understand if an error qualifies as medical malpractice.
It is also important to note that all healthcare professionals have the potential to make a medical mistake. Such individuals include:
When you file a medical malpractice lawsuit, you are not only seeking justice for yourself but also protecting future patients who may be seeking help from the same healthcare provider.
Myth #5: Filing For Medical Malpractice Will Lead To Retaliation From the Healthcare Provider
Healthcare providers can not prevent justice, and it is important to hold the system accountable for its actions (or potential inactions). Protection rules are in place that require healthcare providers to treat all patients with the same respect and care. In other words, patients do not need to fear retaliation from the healthcare provider(s) when opening a medical malpractice case.
Have You Or A Loved One Experienced Medical Malpractice? Bordas & Bordas Is Here To Help
No matter what the circumstance is, being a victim of medical malpractice can be isolating and scary. It risks causing serious long-term impacts on both your mental and physical health.
If you or a loved one has experienced medical malpractice, you do not need to fight for justice alone. Our team of experienced personal injury attorneys can help you seek the compensation you deserve and hold the parties who caused you harm accountable.
