Why do good medical malpractice cases go unprosecuted? Isn't there a way to file a claim, even when the damages are not large?
Why do good medical malpractice cases go unprosecuted? Isn't there a way to file a claim, even when the damages are not large?
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Answer:
The bottom line is, many good medical malpractice cases do not end up in a civil suit because the damages are too small. Medical malpractice lawsuits are so costly to prosecute, that if the damages are only a few thousand dollars, it will not be worth it for an attorney, or their client, to bother bring one.
It sounds unfair, but the way our system of justice is set up does not allow cases with minimal injury to get prosecuted. The one benefit is, only the most serious cases of medical negligence will end up in civil court, keeping to court system from becoming overwhelmed by unlikely suits.
What Other Options Are There?
If your medical malpractice attorney determines that it would not be economical to file a medical malpractice lawsuit in civil court, there are other ways of getting some compensation for your injury. One of the most common things you and your attorney can do is to discuss the issue with the hospitals "risk management officer". Most hospitals have one, and their sole purpose is to minimize legal liability in cases of medical negligence.
The risk management officer may be able to get patients compensated for all the medical expenses occurred as a result of the medical malpractice. While this will be a much smaller amount of money than what would be obtained from a civil suit, it help to cover costs associated with medical negligence injuries.
For more information about money medical malpractice cases, take a look at the links below.
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Posted by Staff Writer on 21 Feb 2010