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Medical malpractice is a term that raises eyebrows and emotions. Stories of lawsuits, insurance battles, and preventable medical errors often make headlines.
Still, how much of what people believe about medical malpractice in Missouri is true?
Myth One: There Is a "Discovery Rule" for Medical Malpractice Claims Under Missouri Law
Many victims believe that the "discovery rule" allows them to file medical malpractice claims beyond the standard two-year period if they only recently discovered their injury.
This myth can lead to confusion and misinformation about the legal rights of patients.
Instead, the law specifies that even if an injury is not immediately apparent, the two-year period may begin when the negligence first took place.
As a result, even if a surgical error ensued one week earlier but symptoms did not show until months later, the clock will start to tick the moment the doctor first made the mistake.
This can complicate matters for those who may not realize they have been harmed until much later.
While there are exceptions that may extend filing deadlines under certain conditions, there is no general "discovery rule" that applies universally in Missouri's medical malpractice law.
Myth Two: Medical Errors Are Uncommon
According to the BMJ, medical errors are the third leading cause of death in the United States alone. This staggering figure makes medical malpractice trail only heart disease and cancer.
Each year, thousands of surgical mistakes happen in operating rooms across the country. These can range from performing the wrong procedure to leaving instruments inside a patient after surgery.
With such high stakes, it becomes clear that patients should remain alert and informed about their medications and treatments.
Myth Three: Hiring Medical Malpractice Lawyers Can Be Expensive
A common belief exists that hiring a lawyer for medical malpractice cases is initially expensive.
This myth can prevent victims from seeking legal help when they need it most. So can other common workplace accident myths in Missouri.
However, the reality is that many medical malpractice lawyers work on a contingency fee basis. This can make pursuing a claim more accessible and less financially daunting.
Contingency fee arrangements mean that the lawyer only gets paid if the case is successful.
Typically, this fee ranges from 33% to 40% of any settlement or jury award. If the case does not result in a win, the client pays nothing for the lawyer's services.
Moreover, many lawyers understand the financial strain that comes with medical malpractice cases. The attorneys at Powell Law Firm, for example, offer free consultations to evaluate the case and discuss potential outcomes.
Myth Four: Victims of Medical Malpractice Cases Only Want to Be Rich
Victims of medical negligence usually seek compensation for medical bills and future care, but this is just one aspect of their motivation.
Financial compensation is not the sole reason for pursuing a malpractice lawsuit.
In fact, many plaintiffs express a desire for answers and understanding about what went wrong.
They want transparency regarding their medical treatment and often seek an explanation for the events that led to their injuries.
On top of that, emotional factors play a role in motivating victims to take legal action.
Many people feel a profound sense of injustice when they or their loved ones suffer due to preventable medical errors.
The pain and suffering caused by these incidents can lead to feelings of anger, frustration, and betrayal. For many, pursuing a lawsuit is a way to seek justice and validate their experiences.
Myth Five: Medical Malpractice Is Always Obvious
One common misconception is that medical negligence must be glaringly obvious to pursue a malpractice lawsuit.
In reality, many cases involve subtle errors that are not immediately apparent.
For instance, a doctor may fail to diagnose a serious condition, which can lead to devastating consequences for the patient.
These situations often require expert testimony to establish that a standard of care was breached, making it crucial for victims to consult with an experienced med mal attorney in St Louis who specialize in medical malpractice litigation.
Myth Six: Only Doctors Can Be Sued
Another myth is that only physicians can be held liable for medical malpractice.
In fact, various healthcare professionals, including nurses, pharmacists, and even hospitals, can be involved in malpractice claims.
Any preventable medical errors made by these providers can lead to legal repercussions under Missouri law.
Myth Seven: Tort Reform Has Eliminated Malpractice Claims
Some argue that tort reform has effectively reduced the number of malpractice cases, leading to lower medical malpractice insurance premiums for healthcare providers.
While reforms have been enacted in Missouri - such as caps on damages - this does not eliminate the occurrence of medical errors or the need for accountability.
Patients still have valid reasons to pursue claims when they suffer due to negligent care.
What Are the Real Reasons Behind the High Costs Associated with Medical Malpractice?
One contributor to rising costs is the practice of defensive medicine. Many healthcare providers order unnecessary tests and procedures to protect themselves from potential lawsuits.
This approach, driven by fear of litigation, results in inflated healthcare spending.
As medical providers seek to cover all bases, patients often face higher health-care spending without necessarily receiving better care.
Insurance Premiums
The cost of malpractice premiums also plays a role in the overall expense of medical care.
As claims increase in size and frequency, insurance companies raise premiums to maintain profitability.
In some areas, the cost of malpractice insurance has risen dramatically, forcing some physicians to limit their practices or retire early.
This situation can lead to a shortage of qualified providers in certain specialties, further driving up costs due to reduced competition.
Technological Advancements
Advancements in medical technology also drive up expenses. While new technologies can improve patient outcomes, they often come with high price tags.
The demand for cutting-edge treatments can lead to overutilization, where providers opt for expensive technologies even when simpler solutions may suffice.
Final Words
Misconceptions about medical negligence can lead to confusion and discourage victims from seeking the justice they deserve.
It is necessary to know that a medical malpractice lawsuit is not just about seeking compensation.
Such cases often stem from a desire for accountability and a commitment to improving patient safety.
Victims frequently pursue legal action not only for their benefit but also to ensure that similar mistakes do not happen to others.
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