Why Most Medical Malpractice Victims Are Never Compensated
By: LBuckfire | Posted: 08th August 2011
While many medical malpractice victims do receive fair compensation, many medical malpractice victims receive nothing. This is surprising considering it is ranked the eighth leading cause of death in the United States. There are several reasons why most victims and their families never receive a dime for their injuries caused by medical mistakes.
First, many patients don't even know they are victims of medical malpractice. Statistics show 2.9-3.7 percent of all patients admitted to a hospital suffer some sort of preventable injury as a result of malpractice. Moreover, up to 98,000 patients are killed each year as a result of preventable medical error. It is also surprising to hear after all of this that only 10,000 of these types of cases are filed each year.
Michigan Malpractice Cases are Difficult to Prove
Another main reason why victims of Michigan malpractice receive no compensation is because these cases can be difficult to prove. Insurance companies have several standard defenses already in place for these cases such as the ones listed bellow.
The injury was an unpreventable result of the initial condition/injury
The injury was due to the patient's noncompliance with medical advice
The risk of the patients particular injury was an acceptable one
Some other party was responsible for causing the injury
The injury was caused by a previous illness or disease.
Public Perception of Michigan Medical Malpractice Lawsuits
Insurance companies have been able to bias the public over the last several decades against medical malpractice claims. The insurance industry has done "research" which suggests there is a widespread problem with medical malpractice lawsuits. These studies falsely "prove" that excessive verdicts are causing malpractice insurers to raise their premiums, forcing physicians out of the medical profession. Therefore, jurors who hear and believe this argument, are reluctant to award jury verdicts to the victims and their families. Therefore, since medical malpractice cases are so difficult to win, it is why of the upmost importance to have an experience lawyer representing you.
Statute of Limitations for Michigan Medical Malpractice Lawsuits
In Michigan the statue of limitation is two years for a medical malpractice case. This means a lawsuit must be filed within two years of the date of the negligent treatment or the case will be barred forever. There are very few exceptions to this deadline. Therefore, to make sure you legal rights are protected it is crucial to contact a lawyer with you medical malpractice claim.
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Lawrence J. Buckfire is a Michigan medical malpractice lawyer that represents individuals who are victims of medical malpractice. Call us now at (800) 606-1717 to speak with an experienced Michigan medical malpractice attorney about your case.This article is free for republishing
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Tags: bias, decades, medical profession, insurance companies, medical advice, leading cause of death, cause of death, insurance industry, premiums, public perception, jurors, medical mistakes, medical malpractice lawsuits