Are Medical malpractice lawsuits good or bad? Like most controversial issues there are two sides to this debate. So the short answer is yes, both.
Everyone has likely heard of frivolous lawsuits involving medical malpractice. These frivolous lawsuits can drive up the cost of care and have negative effects on medical providers. Most people despise this, and most people appreciate medical professionals and the care they provide during times of need. For example, if one has shoulder surgery, chances are after the shoulder surgery they are going to have a sore shoulder. Furthermore, if they had shoulder surgery in the first place, chances are they had shoulder problems to start with. Frivolous lawsuits have given medical malpractice a bad name in the eyes of many, and created somewhat of a societal stigma against medical malpractice lawsuits.
Accidents happen. Accidents are not good, but help for those involved in accidents is good. Medical malpractice lawsuits can be good for those who suffer serious and sometimes lifetime debilitating issues related to medical malpractice. A medical malpractice lawsuit can act as a conduit to help seriously affected people collect insurance money. This insurance money will not correct there issues. However, this money can help offset expenses, and help those unable to earn a normal living and/or live a normal life. However, due to societal stigma, some people are influenced to not pursue insurance money that they should be entitled to. Many do this because they want to “do the right thing,” and not be labeled as “one of those frivolous lawsuit people.”
Assume for a minute that you are driving in your brand new car with your family. You just purchased the car and you owe $30,000 on the car. Someone runs a red light and smashes into your car. Your car rolls over and is damaged beyond repair. The person who ran the red light gets out of their car uninjured. It is a polite little old lady with a perfect driving record on her way to church. What do you do? Do you get a second job so that you can pay your first $30,000 car loan while borrowing another $30,000 for another new car? Alternatively, most people would file an insurance claim. The claim would be to make the insurance company of the party at fault pay for the damage. Obviously the kind little old lady did not mean to hurt your car, and if you file an insurance claim her insurance might go up. However, most would view this as a slight imposition to the little old lady compared to their suffering through two jobs to pay two car loans. Yes, most people will file a claim to have their new car fixed when it is damaged by someone else, even if the other person didn’t mean to damage their car and the other person’s insurance rates might go up. However, due to society’s stigma, many who are maimed for life won’t pursue medical malpractice insurance claims. People will collect insurance money for their cars, but many will not collect insurance money for themselves, children, or loved ones that are severely injured, crippled, maimed for life, or incapacitated in a wheel chair. Severely injured people can incur huge medical expenses, and in many instances are prevented from living a normal lifestyle and earning a normal living.
While most everyone despises frivolous medical malpractice lawsuits, sometimes even third party doctors will encourage people with real medical malpractice claims to pursue the insurance money owed to them. If you are searching for a medical malpractice attorney near me, medical malpractice lawyer near me, personal injury attorney near me, or a personal injury lawyer near me near me, it is hoped that you will consider working with Mentch Law.