Insurance companies are the biggest purveyors of medical malpractice myths in the Lonestar State and the rest of the country. Their intent is to protect their financial interests. You see, insurance companies would prefer it if you were to pay into a system and never benefit from it. However, these myths and distorted facts often prevent injured patients from filing medical malpractice claims. If you would like more information about the truth behind these myths, please read on, then contact an experienced Harris County, Texas medical malpractice lawyer today.
What is the truth behind the most common medical malpractice myths in Texas?
Medical professionals and hospitals owe a duty of care to their patients. Even so, medical errors and negligent actions still occur at an alarming rate. Each year, thousands of patients suffer injuries from misdiagnosed conditions, improper treatments, surgical errors, medication errors and other negligence. Common myths, such as the following, prevent patients from pursuing legal action:
- Medical errors are rare: The Institute of Medicine estimates that between 44,000 and 98,000 Americans die every year in hospitals due to medical errors.
- Medical errors are not preventable: National health studies illustrate that over seventy percent of medical errors are preventable, a plurality of which are the result of technical and communications errors.
- Medical malpractice lawsuits are frivolous: Eighty percent of medical malpractice cases are related to severe patient injuries or deaths.
- Medical malpractice claims raise healthcare costs: Despite many healthcare insurers continuing to raise premiums based on a rise in claims, medical malpractice payouts account for less than one percent of the total healthcare costs to consumers.
- Medical malpractice lawsuits are unaffordable: Quite the contrary, not pursuing fair compensation is far more costly in terms of lost wages, loss of future income, loss of household services and other economic and non-economic damages.
Is there any validity to medical malpractice myths in Texas?
That would depend on the particular assertion being made. However, patients should understand that medical malpractice involves complex laws and cases require proof of wrongdoing. As a plaintiff in a medical malpractice lawsuit, you must prove the following things:
- You were the medical professional’s patient, and the medical professional, therefore, owed you a duty of care.
- The medical professional fell below or diverted from the medical standard of care when prescribing a course of treatment.
- The physician’s action (or inaction) directly harmed you.
- You incurred significant financial damages as a result.
Few defendants will readily admit to negligence or other wrongdoing, which is why you should avail yourself of the highly competent legal services available from our firm today. Do not let misinformation dictate your decisions.
Contact Our Team Today
If you or a loved one suffered from medical malpractice, contact the law firm of Davis & Davis today for a free consultation.