August 14, 2020

There are too many victims of medical malpractice in the United States who won’t obtain fair compensation for their injuries. Some people may not recover adequate damages because of unrealistic and inadequate caps on noneconomic damages in medical malpractice cases in their state (for example, California limits noneconomic damages in medical malpractice cases to $250,000). Other victims of medical malpractice may be precluded from filing claims against their negligent health care providers because of immunity statutes in their state. And let’s not forget that many victims of medical malpractice will not be fairly compensated for the harms they suffered simply because they are unaware that their unexpected outcomes were due to medical malpractice.

The powerful health care industry has done a good job in convincing the public that “frivolous medical malpractice claims” are brought by unscrupulous and money-hungry lawyers against well-meaning and hard-working medical providers who universally have the best interest of their patients as their primary reason for practicing medicine. While many health care providers work long hours and devote their energy to patient care, others may treat their medical license as a license to make money by engaging in unlawful schemes (see our blog postings regarding medical providers caught up in schemes involving illegal kickbacks, bribes, and other activities to line their pockets at the expense of patient safety). When we hear the false narrative that “frivolous” medical malpractice claims are causing doctors to flee their profession, we sometimes need to remind people that the vast majority of medical malpractice claims that are filed are meritorious, even if the victim does not ultimately recover damages as a result of trial.

As the premier free service connecting medical malpractice victims throughout the United States with medical malpractice lawyers in their state, we have had much success in connecting victims with lawyers who may assist them. However, there are times when we are unable to find medical malpractice lawyers for medical malpractice victims. Sometimes that is because the injuries suffered are not sufficient to justify the enormous amount of time and money that a medical malpractice lawyer will have to devote in order to obtain compensation for the client, which is a business decision on the part of the lawyer (every hour and every dollar devoted to one client’s case is time and money not available for other clients’ cases). Other times, the medical records do not support a medical malpractice claim (some health care providers can hide their wrongdoing in the medical records because they are the ones who author the medical records).

Many victims of medical malpractice find it difficult to accept the fact that health care providers they trusted who negligently harmed them nonetheless refuse to admit that their negligence caused serious injuries, and some health care providers will lie to protect themselves. Even in the most egregious cases of medical malpractice, an expensive and time-consuming medical malpractice lawsuit often will have to be filed and fully litigated because the medical malpractice insurance companies know that if they dispute nearly every case brought against their insureds, no matter how meritorious the claim of medical negligence, many medical malpractice victims will not be fairly and adequately compensated for the harms they suffered because they will be unable to find a medical malpractice lawyer willing to fully litigate their case.

Nonetheless, if you or a loved one may be the victim of medical malpractice in the United States, click here to visit our website or call us toll-free in the United States at 800-295-3959 to find medical malpractice attorneys in your U.S. state who may assist you.

Turn to us when you don’t know where to turn.