When you come down with an illness or need to undergo a surgery, you put full trust into your physician or surgeon. You expect that they will properly and timely diagnose you, provide you with the necessary treatment and help you recuperate. Unfortunately, mistakes can be made, and health care professionals can be negligent. If this happens, it can result in irreparable injury for you. Luckily, the law allows a lawsuit to be filed by the victim against the health care provider that can potentially help you recover monetary damages for the injuries that you sustained. When it comes to medical malpractice suits, you've likely heard a few things, but they aren't all true. Here are three myths that may turn you away from filing a lawsuit:
Myth #1: You Can Only Sue When You Didn't Sign a Consent Form.
In most circumstances, you must sign a form that gives consent to perform a medical procedure on you or any type of serious treatment. In its most basic form, it limits the accountability of physicians, surgeons, nurses and other medical staff if there is an issue throughout the course of your surgery or treatment. However, just because you signed this form, it doesn't mean you are signing your right to file a lawsuit away. The reason for this is the consent form only applies when the medical staff does their job right. In addition, they must also directly discuss with you the procedure or treatment and associated risks. If they are irresponsible and careless in their duties, they can be held liable via a malpractice suit.
Myth #2: Only Doctors Can Be Sued for Medical Malpractice.
Although the physician is the primary health care provider and the leader of the entire team, there are numerous other medical staff members that can be the defendant of your suit. This is because they all have their own set of duties that must be performed as required in order for you to stay safe and make a recovery. So, if a physician's assistant, nurse or x-ray technician fails to adequately and responsibly perform the duties that have been assigned to them, it can result in bodily harm for you, and they can be held liable. To be honest, it isn't at all uncommon for all members of a medical team to be named defendants in a medical malpractice lawsuit.
Myth #3: It's Impossible to Afford to File a Medical Malpractice Claim.
Yes, attorneys often charge steep fees, and it costs money to file legal documents. However, out-of-pocket expenses are not common in medical malpractice and personal injury cases. Instead, a lawyer fights for your rights with no upfront costs and only expects payment when and if a settlement is achieved at the conclusion of the lawsuit.
If you've been injured and believe that a health care professional is responsible, take the time to schedule a consultation with a medical malpractice attorney. He or she will be able to look at your case and determine whether there is a viable reason to sue.
Share8 January 2016
When I was a child, my father was the pastor of a small evangelical church in my hometown. I always enjoyed going to church in order to play with my friends. One of these friends suffered a horrific accident at a local gas station one day. As he was walking towards the entrance to the gas station, he was struck by a vehicle. His leg was seriously injured during the accident. To help with the expenses of recovery, his father hired an accident and personal injury attorney. This professional helped my friend’s father sue the person who struck his son. On this blog, you will discover the advantages of hiring an accident and personal injury attorney after incurring injuries from a devastating accident.