Why are Medical Malpractice Lawsuits Important?
Medical Malpractice lawsuits provide answers when physicians and hospitals are unwilling to be honest with patients about poor medical outcomes. Medical Malpractice lawsuits also provide for a sense of justice with compensation and financial security for future medical care and lost income.
There is also a societal benefit. As a result of medical malpractice lawsuits, and holding physicians and hospitals responsible when they fall below a professional standard of care, the standards of care are enforced and improved in clinical and hospital settings by the deterrent effect and threat of future lawsuits.
In other words, medical malpractice lawsuits make medicine safer so more families do not suffer the same adverse events.
Medical Malpractice Lawsuit Questions
Hospitals, medical staff, nurses and doctors are responsible for providing proper patient care. When management or individuals fail to provide a sufficient level of care, victims may seek legal recourse and file suit against the negligent parties.
Without medical malpractice laws, medical mistakes would go without consequence, patients would be uncompensated for preventable injuries, and medical providers would have less incentive to improve the medical system to prevent future injuries.
Despite the reports discussed above, frivolous claims brought by medical malpractice attorneys and runaway juries have been blamed as causing a medical crisis. There is no medical malpractice crisis, it is simply propaganda created by the U.S. Chamber of Commerce and large insurance companies to pollute the American jury pool and change the law in a manner that is favorable to them and adverse to the average American. And sadly, it has worked.
Currently, 90 percent of juries side with the physician over the patient at trial. As a result, insurance companies are bolder than ever and refuse at times to settle even the most meritorious of cases knowing that the chances of the patient finding a fair and impartial jury is extremely low, especially in more conservative parts of the country such as Hamilton County, Ohio.
Medical malpractice attorneys prosecute many different types of medical mistakes. Examples of the most common medical errors include:
- Angioplasty Error
- Unnecessary Surgery
- Birth Trauma
- Surgical Errors
- Intubation Error
- Medication Errors
- C-section Errors
- Anesthesia Errors
- Misdiagnosis of Cancer
- Radiology Errors
- MRI Scan Injuries
- Emergency Room Negligence
- Nursing Home Negligence
- Veterans Affairs (VA) Negligence
- Epidural Abscess Infection
- Laboratory Errors
- Violation of Patient Rights
- Childbirth & Delivery Injury
- Sepsis Misdiagnosis
- Retained Instruments
- Postpartum Maternal Deaths
- Stroke Misdiagnosis
- Testosterone Therapy Malpractice
- Medical Record Malpractice
The Deficit Reduction Act of 2005 required that conditions be identified that (a) are costly and occur at high rates, (b) are assigned as cases to the Diagnosis-Related Group, and (c) could have ultimately been prevented with appropriate care. These hospital-acquired conditions occur as negligence on the part of hospital staff and often result in a multitude of medical malpractice lawsuits.
Conditions that meet the three requirements for identification:
Many hospitals and physicians are taking proactive approaches to resolve viable medical malpractice claims by approaching patients who do not have legal counsel. The “family meeting” presentation will include deterring patients from seeking legal counsel. This is a very concerning development in the course of medical liability and risk management.
We strongly advise patients not to engage in “family meeting” settlement negotiations without an experienced medical malpractice lawyer present. Hospitals and physicians have lawyers who are specialized in medical malpractice claims advising them on how to approach the case, and it is only fair that the patient is afforded the same benefit of qualified counsel.
The “family meeting” practice of settling hospital negligence cases without an attorney does not benefit the patient in most cases, but almost always benefits the negligent hospital.
Do not be deterred by a hospital representative implying that the case will be compromised if you seek counsel. While attorney fees will need to be paid, those costs should not be a deterrent. The Lyon Firm adopts a lower contingency fee structure and offers hourly rates for cases that can be resolved without litigation.
If the parties wish to resolve the matter, having qualified counsel on both sides is beneficial to the process. The goal should be a settlement where both parties are satisfied, not a case where the hospital pays substantially less than the fair value of the claim.
There are numerous issues that need to be considered before settling a medical malpractice case, and you should know what the fair value of the claim is before accepting a settlement.
The hospital knows the fair value having been involved in other cases. You as the patient should work with counsel who has successfully worked on other cases and can advise on the appropriate risk of future litigation and settlement value.
If a hospital is approaching you or a family member about a settlement without a Cincinnati Medical Malpractice lawyer, please call (800) 513-2403 for a free consultation.
Every case is unique, and some are very complex by nature, though The Lyon Firm can review your case and decide whether or not you have a viable malpractice claim.
By law, a duty of care is a legal obligation which is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence.
Medical negligence may be looked into if any patient has received poor care as an inpatient or outpatient, which results in a preventable injury or death.
This all depends on the case, as well as whether the claim is settled out of court or goes to a jury trial. It can take several months or up to two years.
The Lyon Firm has the experience, resources and dedication to take on difficult and emotional malpractice cases and help patients and clients obtain the justice for the wrong they have suffered.
Joe Lyon is an experienced Cincinnati Medical Malpractice Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Medical malpractice lawsuits can be complex and require industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.
Learn About the Medical Malpractice Legal Process
Video: Investigating Medical Malpractice
The process for investigating a medical malpractice claims involves the following steps:
- Gather a full and informed history from the family addressing their concerns and thoughts on what went wrong;
- Gather the complete medical records including film studies, if any;
- Review of the records and applicable medical literature by attorneys;
- Review of the records by a qualified physician practicing in the relevant areas on standard of care and causation;
- Final consultation with expert to review opinions;
- Signing of Affidavit of Merit by the Expert before case filing, for cases where medical malpractice is identified.
Medical Malpractice Settlements
The Lyon Firm aggressively, professionally, and passionately advocates for individuals and families injured by medical malpractice to obtain just compensation under the law. Over the course of handling medical malpractice cases for 17 years, Joe Lyon has obtained numerous six and seven figure settlements on behalf of his clients. See The Lyon Firm Results Page for additional settlement information.
FAILURE TO DIAGNOSE BOWEL OBSTRUCTION
(Cincinnati, Ohio): Confidential settlement for a family due to a wrongful death. An emergency room physician failed to recognize the common symptoms associated with bowel obstruction and prescribed a contraindicated medicine of GoLytley. The patient died at home the day of discharge after taking the medication. The case against the emergency room physician was resolved by settlement following extensive discovery. The settlement was paid to the spouse and surviving adult children for the loss of their mother. While no amount of money could bring back their mother, the case provided answers and held the hospital accountable.
FAILURE TO DIAGNOSE BREAST CANCER
(Cincinnati, Ohio): Joe Lyon was second chair in a case involving the failure of a physician to promptly communicate a positive breast cancer result to a patient. As a result of the delay, the cancer progressed from in situ carcinoma to stage 3B with lymph node involvement. The treatment required mastectomy and radiation/ chemotherapy rather than a simple excision. The case settled after extensive discovery. The defense argued: “the patient should have called the physician.” The settlement provided recovery for suffering through a misdiagnosis and the loss of a spouse and a mother. While the settlement cannot bring this wonderful woman back, it helped her family move forward with life’s challenges and encouraged future accountability.