Medical Malpractice Lawyers Are The Dedicated Warriors For Medical Malpractice Victims
We have reported on many large medical malpractice verdicts in various U.S. states that were the result of the long hard-work, the immensely dedicated efforts, and the unrelenting focus of medical malpractice lawyers who rose to the daunting challenges and hurdles standing between their devastated clients and the justice and fairness that our laws are supposed to promote, often facing the unlimited financial resources of highly aggressive medical malpractice insurance companies (the largest physician-owned medical malpractice insurer in the United States boasts on its website, “we are fiercely committed to relentlessly defending, protecting, and rewarding our members with the industry’s most aggressive claims defense, unrivaled protection, and innovative rewards”) and facing the professional colleagues of the medical malpractice defendants who seemingly have no qualms in defending the defendants’ indefensible actions that they themselves would condemn as wrong or egregious if those same actions were the cause of their family or loved ones being harmed by medical negligence.
The Rights Of Medical Malpractice Victims Are Under The Constant Threat Of Attack And Seizure
Our country was founded upon the premise and promise that all men (and women) are created equal and that all people are treated equally under our laws. However, the innocent victims of medical malpractice have had their rights attacked, restricted, limited, and even eliminated, while at the same time the rights of physicians, hospitals, and other health care providers have been increasingly protected, insulated from personal responsibility, and provided special treatment that place their financial interests above the health of their patients who they have harmed.
Laws enacted in an increasing number of states that are called “tort reforms” have placed caps (limits) on the amount of compensatory damages that medical malpractice victims may seek and obtain from the medical providers whose negligence caused their avoidable injuries (those who suffer the most devastating, harmful, and permanent injuries are those who are the most affected by caps on damages in medical malpractice cases – for example, innocent medical malpractice victims in California (and in other states) may not recover more than $250,000 for noneconomic damages (such as pain and suffering, mental anguish, and disfigurement); is $250,000 sufficient to fairly and adequately compensate a 12-year-old girl who was healthy and active before her physician’s carelessness and negligently stupid errors resulted in her living the rest of her life in a wheelchair, unable to walk, feed herself, or communicate with her mother, father, brothers, sisters, and friends?).
Other medical malpractice “tort reforms” place unnecessary, unfair, and unjust hurdles and obstacles between medical malpractice victims and their ability to obtain justice, such as the requirement to have their medical malpractice claims considered and determined by a medical review panel in some states before they can seek to have their claims tried before a jury, the requirement in some states that victims’ medical experts who testify on their behalf be from certain states and/or have certain specialized qualifications that make it more difficult (and expensive) for medical malpractice victims to find qualified medical experts to testify on their behalf at trial, the requirement that victims provide the negligent medical providers who caused their injuries with advance notice before they can file their medical malpractice cases in court, the imposition of a higher standard of proof necessary to prevail in their medical malpractice claims under certain circumstances (such as clear and convincing evidence instead of applying the preponderance of the evidence standard), among other “reform” laws that benefit medical malpractice defendants and burden medical malpractice victims.
Its Becoming Harder To Find Medical Malpractice Lawyers Willing To Represent Deserving Medical Malpractice Victims
A statistic often cited about medical malpractice cases in the United States is that at least 80% of medical malpractice cases that result in a jury verdict are in favor of the defendants. The expenses of litigation advanced (incurred) by plaintiffs’ medical malpractice lawyers are often in the tens of thousands of dollars, and many times in excess of one hundred thousand dollars, to get to the point where a jury is deliberating a medical malpractice case. If the cap on noneconomic damages is only $250,000, and the economic damages are relatively small, it may be nearly impossible to find an experienced medical malpractice lawyer to represent such medical malpractice victims (lawyers cannot afford to devote so much of their own money, and their time, to such cases if the chance of obtaining a sufficient recovery is small). It is a shame and a national travesty that so-called “tort reform” laws have closed the door to the courthouse for many innocent victims of medical malpractice.
Nonetheless, if you or a loved one suffered serious injury (or worse) as a result of medical malpractice in the United States, you should promptly find a medical malpractice lawyer in your state who may investigate your medical malpractice claim for you and represent you in a medical malpractice case, if appropriate.
Turn to us when you don’t know where to turn.