Unfortunately, medical errors happen every day and the majority of them go unnoticed and unreported. In a recent federally-funded study, it found that only 10 percent of people with a valid medical malpractice claim actually speak with an attorney. That means 90 percent of those with a valid claim are either not aware that they have one or choose to not pursue it for some reason.
There is no evidence as to why these cases are not being reported or pursued in court. However, there are theories as to why people do not act quickly or even look into their legal options after medical malpractice has occurred.
Medicine is an uncertain science and there is no 100 percent guarantee a doctor will be right all of the time. In fact, those that suspect medical negligence often find out that the error was not negligent, but instead it was just the result of unknown complications or unforeseeable events.
There are equally a significant number of cases where the case is more than justified, but patients assume that to err is human; therefore, they have no legal recourse after a medical error occurs.
A good medical malpractice attorney will review a person’s case with no obligation and can tell them right away if they have a valid medical malpractice claim. These attorneys are resources and they can put a client’s uncertainty at ease any time they are unsure if they have a valid claim or not.
Unfortunately, when something does go wrong, medical professionals have a bigger incentive to make these incidents seem as though they are not out of negligence or they are part of the normal course of treatment for that patient. That is why most patients think they have no valid claim – they are told by the hospital, clinic or even the physician that what they are experiencing is “normal.”
Another reason people do not act quickly is fear. They are unsure how the case will go, afraid to testify in open court or they simply fear that the process itself is not worth the emotional toll it will take on themselves and on loved ones. This fear can also be the result of what people see on TV – which is highly overdramatized and rarely what happens in real life.
In fact, victims do not have to be directly involved in the litigation process. For the majority, they never have to testify and often their deposition is all that is required to prove their claim.
There is a statute of limitations for medical malpractice claims. Do not let fear, false representations or even uncertainty hold you back from the compensation you and your loved ones may be entitled to.
Contact Berkowitz Hanna today to schedule a no-obligation case evaluation. Call 866-479-7909 or contact us online to get started.
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