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8 REASONS WHY MOST MALPRACTICE VICTIMS RECEIVE NOTHING

1. 1. Patients do not recognize they are a victim of medical malpractice. Preventable medical errors are a major problem in our current healthcare system and in most cases the malpractice is hidden from the patient and from the patient's family.

   2. No autopsy is performed. A claim that medical malpractice caused a patient’s death must be supported by proof that the malpractice directly resulted in death. In many cases it is simply impossible to prove that malpractice directly caused death without the aid of an autopsy.

   3. The doctor committed malpractice, but the disease or illness would have likely resulted in the death of the patient anyway. Cancer and other deadly illnesses sometimes go undiagnosed for many months or even for years and a late diagnosis does not always mean that the physician is responsible for causing the death of the patient.

   4. The patient has not suffered any significant damages. Understandably, it is of importance to the patient every time that medical negligence is committed. However, under our legal system, small medical malpractice cases simply are not economically feasible to pursue. Every year we must decline many medical malpractice cases, even in situation where it is obvious that the medical provider was negligent, because the resulting injury is not significant enough to be economically feasible to pursue. A pharmacist’s prescription error might make you violently sick for a week, but if you recovery fully your case is probably not economically feasible to pursue. The costs of pursuing such a case are greater than any anticipated recovery. Our legal system acts as a filter to screen out all but the most serious medical malpractice cases.

   5. The injury that was suffered was not necessarily due to the mismanagement of the physician or the hospital. It is a fact of life that medicine is not an exact science. Even with good medical care, complications can and do arise. A complication or a bad result does not automatically lead to the conclusion that negligence occurred. The fact that medicine is not an exact science and that complications arise even with good care provide many of the standard defenses that we see for medical care providers.

   6. The statute of limitations has expired. Every state has a statute of limitations for the filing of a medical malpractice lawsuit. If the statute of limitations for filing suit has expired, you are forever barred from filing your case. Missouri and Kansas have a two-year statute of limitations for medical malpractice cases. There are certain exceptions to these limitations and it is important to have an experienced attorney help you determine when your statute of limitations expires.

   7. Jurors have been severely biased by the insurance industry. The insurance industry has spent millions of dollars in an effort to suggest that there is a widespread problem with medical malpractice lawsuits. The insurance industry claims that excessive vertex or causing malpractice insurers to raise their premiums, forcing physicians out of the medical profession. Jurors who hear these messages often award lower verdicts than they would have a decade ago. Unfortunately, malpractice victims sometimes receive less from the jury that is necessary to pay their medical bills for treating the injury caused by the malpractice.

   8. The plaintiff cannot hire good, qualified experts. You will not win most medical malpractice cases unless you have at least one if not more highly qualified medical experts. These highly qualified medical experts can be very hard to find. In fact, it is becoming increasingly hard to find doctors that are willing to stand up and fight for what is right. It often takes extraordinary time and money to find the best medical experts for your medical malpractice case. This is truly one area where the insurance companies have a tremendous advantage. If the insurance company has a medical malpractice case that is particularly a bad one for their doctor, they might show the case to many medical experts before they find one that will support a defense for their doctor. They have the financial wherewithal to hire that many experts. Most patients do not have the financial wherewithal to hire multiple medical experts to review their case until they find the one that will work best for them.

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