Medical malpractice is an unfortunate occurrence that affects many individuals throughout the United States. It is also the source of much confusion. Since there is great confusion, inaccurate information is provided. The spread of misinformation causes many to decide against contacting an attorney about a possible claim. The attorneys at 1Georgia Injury Lawyers, PLLC want to expose the truth about some common misconceptions.
Myth 1: I Waived My Rights to Compensation Because I Signed a Waiver or Consent Form
In many instances, patients are asked to sign a general consent form prior to receiving medical treatment services at a hospital and prior to receiving treatment for any type of surgery. Individuals are required to sign these forms as a physician must obtain a patient’s informed consent before rendering professional care and treatment.
Signing a consent form does not waive your right to initiate a medical malpractice claim. Generally, a patient signs a consent form indicating that the individual was informed of the nature of their problem or illness as well as the suggested treatment and risks. This consent form does not authorize a medical doctor to provide substandard treatment. If you have been injured as a result of a doctor’s negligence, there may be a claim for negligence.
Myth 2: If I Initiate a Claim, I Will Have to Go to Trial
In almost all cases, some type of negotiation takes place prior to trial. Many medical malpractice disputes are resolved during these negotiations. In fact, The 2014 Medical Malpractice Payout Analysis reported that 96 percent of medical malpractice cases settled prior to trial. These agreements may be the result of a private agreement or as a result of mediation. Mediation is another form of negotiation where the parties agree to meet with a neutral third party (called a mediator) who will sit down with the parties and try to help them reach an agreement.
The facts and circumstances of each case determine whether or not a case will go to trial. The stronger your medical malpractice claim is, the more likely you are to receive a favorable settlement offer, eliminating the need to go to trial. An initial consultation is necessary to gather the basic facts and circumstances to evaluate the strength of your case.
Myth 3: Medical Malpractice Cases are not Successful
Many believe they will not be successful in their medical malpractice claim. These beliefs are formed for a variety of reasons, including the general population’s belief that medical malpractice suits are frivolous. This is simply not true.
The truth is most medical malpractices are successful, given the large settlement rate. These settlements resulted in large payouts. Last year, the total payout within the state of Georgia was somewhere between $80 and $100 million dollars for medical malpractice cases alone. These funds allowed parties to be compensated for loss of compensation, medical expenses, and other damages received.
Contact an Attorney
If you have been injured as a result of the wrongdoing or negligence of a medical professional, you need a lawyer. While technology is helpful, it is also a major source of inaccurate information. The attorneys at 1Georgia Injury Lawyers, PLLC have the knowledge and experience to properly advise you on the law. For an initial consultation, contact us today.