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Misconceptions About Medical Malpractice Lawsuits

black and white image of surgeons in scrubs operating on a patient

Misconceptions about medical malpractice lawsuits can impact an individual’s decision to seek legal help after being harmed by a healthcare provider’s negligence. Inaction is dangerous and leaves South Carolina healthcare providers’ records clean, allowing problematic healthcare providers to continue treating patients.

If you’re hesitant about speaking with a medical malpractice attorney due to the stigma surrounding these incidents, Bell Legal Group can help you!

Here are some common myths:

Frivolous Malpractice Lawsuits Drive Up Healthcare Costs

Weak cases rarely proceed beyond the first legal consult, so frivolous malpractice lawsuits aren’t to blame for rising healthcare costs. Experienced medical malpractice law firms use safeguards to prevent baseless allegations from tying up attorneys and resources, not to mention courtrooms. Medical malpractice claims are vetted to ensure those moving forward can be substantiated.

A Medical Malpractice Lawsuit Is a Get-Rich-Quick Scheme

Pursuing a medical malpractice lawsuit is far from a fast-tracked payday. Compiling evidence through consultations with specialists, obtaining medical records, and medical evaluations require considerable time, effort, and cost. Before you can even file a notice of intent for a medical malpractice lawsuit in South Carolina, you’ll need to hire an expert witness to provide an affidavit. Experts must honestly review the patient’s condition and medical records and opine about the healthcare provider’s action or lack of action that led to your injuries.

Any Procedure With a Negative Outcome Is Malpractice

It’s a frequent misconception that any surgery or treatment that doesn’t meet a patient’s expectations qualifies as malpractice. Certain requirements must be met for medical malpractice claims.

To prove a medical malpractice lawsuit, errors or mistakes regarding your case must possess four legal elements:

  1. A duty of care
  2. A breach of that duty
  3. Injury caused by the breach, and 
  4. Damages resulting from the breach

Reporting a Mistake Regarding Medical Malpractice Leads To Retaliation

Some patients receiving ongoing treatment at a healthcare facility assume they cannot file a complaint because they would be refused future care. This is a harmful misconception about medical malpractice lawsuits. Patients have rights to seek healthcare and legal counsel, and medical professionals are legally—and ethically—obligated to provide them the standard of care they are owed.

Only Doctors Can Be Sued for Medical Malpractice

Physicians are often sued for medical malpractice, but other healthcare professionals may also be subject to lawsuits. Care facilities, surgical centers, and hospitals may also be held accountable for the actions of nurses and others. Every healthcare provider who fails to provide the standard duty of care may be held liable for a patient’s injury, including:

  • Surgeons
  • Doctors
  • Nurses
  • Physician assistants
  • Physical and occupational therapists
  • Oncologists and specialists
  • Pharmacists
  • Anesthesiologists

Tell us your story and we’ll evaluate the facts to recommend the next best steps for your case.