If you think you or a loved one was injured by a doctor's or hospital's mistake, you might be hesitant to hold them accountable because you believe some of the myths out there about medical malpractice lawsuits. While it is true that these are not easy cases to win, it is not true that suing a doctor for negligence makes you greedy or litigious. Get the facts about medical malpractice lawsuits from our experienced personal injury legal team.
Common Myths About Medical Negligence Litigation
There is a lot of misinformation circulating about medical malpractice lawsuits. Whether their information comes from the insurance industry or the medical profession, many people believe that the cost of malpractice insurance is what makes medical care so expensive in this country and that if you take action against a negligent doctor or hospital, you are contributing to the problem. This is simply not true. Adding to this major misconception are the following commonly accepted myths:
- Malpractice lawsuits are all about money. In reality, most negligence claims are filed to get answers about how a procedure went wrong and to hold the medical establishment responsible for their actions.
- Most medical malpractice claims are frivolous. A truly baseless claim would not even get off the ground. No attorney is going to waste their time with a frivolous lawsuit. Audits have shown that 97 percent of medical malpractice lawsuits are legitimate claims of negligence, not dissatisfied patients seeking revenge.
- You will get a huge payout if you win the lawsuit. Most successful suits result in compensation for medical bills—not millions of dollars. In fact, New Mexico caps medical malpractice non-medical damages at $600,000. This means that, while you can be reimbursed for more than $600,000 for qualifying medical expenses, you cannot get more than this for lost wages, pain and suffering, and other losses.
- Doctor and hospital errors are to be expected. Medical outcomes are never guaranteed. You will be asked to sign a consent for the treatment or surgery you are undertaking, which asks you to acknowledge your understanding of this fact. However, true negligence is not acceptable. A fatigued doctor, sub-standard hospital protocols, drug-impaired nurse, or other egregious act should never be excused.
It's never wise to listen to rumors and hearsay about something as important as your legal rights. If you aren't sure whether you have cause for a claim or not, talk to someone who knows.
In New Mexico, Call Keller & Keller
For more than 75 years, Keller & Keller has helped clients across the country receive compensation for highly complex and difficult injury claims, including medical malpractice lawsuits. Before you try handling this type of claim on your own, please contact one of our attorneys for free advice. We will let you know if we think you have grounds for a negligence claim.