When the help of a medical professional is needed, we trust that they have the training, capability, and good faith to help in a competent manner. When a professional is negligent or deviates from accepted standards, there can be serious consequences – lifelong injuries, or even death.
A shocking number of valid medical malpractice cases are launched each year in the United States, but among these valid claims, some frivolous and unfounded lawsuits target professionals unfairly.
What is Medical Malpractice?
Medical malpractice is a very serious issue – so serious in fact that it is one of the leading causes of death in the United States. Medical professionals are tasked with operating with the highest standards of care and receive strict guidance and training on how they should be conducting their work.
Medical malpractice occurs when a professional ignore standards, disregards their training, makes a serious and preventable error, or willfully acts to harm or neglect a patient. In these cases, the consequences can be dire. A patient receiving improper medical care may face injury or complications, or even the loss of life.
Valid Medical Malpractice Cases
More often than we’d like to think, medical professionals are negligent. A valid medical malpractice case can be launched when it can be shown a medical provider deviated from their professional standards or made an error (or purposeful decision) that resulted in injury to their patient.
To win a medical malpractice claim, an injury alone is not sufficient. Many people have adverse reactions to medicine or have complications because of their medical treatment. Medical malpractice is proven if standards are neglected, or if the professional made an error that another in their position would not have made.
Frivolous Medical Malpractice Cases
When a medical malpractice claim is found to be valid, the claimant is entitled to receive compensation for their lost income, new expenses, and their pain and suffering. Because the payout can be large, some patients have created false claims of medical malpractice in the hope of winning a large sum of cash.
When claiming medical malpractice, the injured party must find a way to demonstrate that a physician was negligent, and directly caused harm as a result. Many people, when injured, sick, or desperate for cash, decide they will make a spurious claim against insurance companies or against a medical professional. But, these claims often fall apart before reaching a settlement or trial.
Courts and juries in California are particularly discerning when it comes to evidence for proving medical malpractice, and no experienced lawyer would take on a malpractice case without solid evidence to back up their claims.
The Financial Result of Frivolous Lawsuits for Medical Malpractice
Medical malpractice is a serious liability for any doctor, nurse, dentist, medical professional, or medical organization in the United States. The consequences of a medical malpractice lawsuit can be devastating, both in terms of finances and reputation.
Many doctors claim that the rise of frivolous medical malpractice cases has driven up the price of medical costs across the United States. Others argue that these lawsuits that are without merit are quickly dismissed and that no great harm is done.
On a personal level, a medical professional’s life can be destroyed by a medical malpractice lawsuit. Those who are starting their career and face a high-profile lawsuit, or rely on public support to find new patients may have their careers devastated by an instance of medical malpractice.
