Some medical malpractice claims are, indeed, frivolous and constitute an instance of someone wanting to get money for nothing. Unfortunately, the public focus on these claims tends to overshadow the fact that the VAST majority of these claims are filed for very good reasons.
Whenever you go to a doctor, you expect a certain level of service. The law requires a certain level of service as well, and has remedies for those affected when that service is below the accepted level of care. To make sure that doctors, hospitals and other healthcare facilities and professionals are held accountable, patients have the right to sue when they’re wronged; in fact, it’s often the ONLY recourse a victim has.
That being said, there’s no guarantee that a medical malpractice claim will win. It takes a medical malpractice lawyer to look over the claim and to see if it’s worth pursuing. If it is, they may recommend that you press forward with it. There are many very good reasons that people file these claims. Some of them are filed because a doctor missed a serious condition and the patient was stricken ill or actually died because of that failure. Other claims are filed because a procedure was performed incorrectly or unnecessarily. In some cases, an entirely inappropriate treatment is given for a condition that will not improve because of that treatment.
If you’ve been wronged by a hospital, doctor, dentist or nurse, pursuing a malpractice claim is your legal right. These cases aren’t always easy, however. If the facility or the doctor has questionable ethics, it’s pretty easy for them to convince the patient that the treatment was correct or that whatever was missed could not be discovered until symptoms manifested. Lawyers provide you with someone else to talk to about these issues and, between past precedent and their own experiences, they can determine if you have a case.
Talk to a lawyer who offers free consultations. They get plenty of clients who show up not knowing whether or not malpractice really contributed to their condition and their suffering. In some cases, it turns out that their claim is actually a very common one and that they are completely justified in filing it. In others, it may prove that there really is no claim. Poor bedside manner is not the same thing as negligence, for example. Talking to an attorney, however, is the first step you should take in determining whether or not malpractice applies in your particular experience.