Lawyers for Medical Malpractice | Tort Law Is NOT There To Protect You

Tort Law Is NOT There To Protect You

If you listen to some news outlets, you might get the impression that doctors are so set upon by frivolous medical malpractice claims that they cannot even practice medicine. According to a new report in the New England Journal of Medicine, the truth is not quite so black and white. Doctors do have a lot to worry about where being sued for medical malpractice is concerned. There is a big difference between being sued and having to pay out a claim, however.

It's Not an Automatic Win

According to the study, most doctors will be sued for physician malpractice at some point during their careers. The likelihood of their being sued is directly related to the type of medicine that they practice. For example, a doctor who practices neurological medicine is at a much higher risk of being sued than is a psychiatrist.

What's potentially more interesting than the fact that the odds of being sued change with the type of medicine being practiced is how often medical malpractice lawsuits actually win. According to the study, only one in five of the lawsuits filed against doctors result in the doctor having to pay a settlement or jury award. Contrary to the popular perception of medical malpractice law, the plaintiff really does have to do their work to get a jury award or a settlement out of one of these claims.

Malpractice is Real

The other big myth about medical malpractice law centers on the idea that most of the lawsuits filed against doctors are frivolous. This is not at all the case. Going to court over medical malpractice is by no means a guaranteed win for the plaintiff. It is also a great deal of work and, quite often, it involves having to disclose things in front of the jury that most patients would rather not speak about in public. Filing a medical malpractice lawsuit is a big decision and it is in no way akin to a get rich quick scheme for people who are a bit too enthusiastic about filing lawsuits.

Your Lawyer

The best way to get representation if you're filing a medical malpractice claim is to go with an attorney that works on contingency. Lawyers for medical malpractice that work under such an arrangement doesn't get paid and less they win your claim. This means that the attorney is also taking a risk in pursuing your claim.