Should I seek recovery from medical error in malpractice litigation?

A recent article in Becker’s ASC Review took a look at a number of interesting facts surrounding medical malpractice litigation, including statistics on the incidence of medical malpractice claims, average payouts, which specialists are most at risk for litigation, and inconsistencies in settlement agreements.

One point in the article particularly caught our eye, and that was a reference to a 2003 article published in BUMC Proceedings looking at the most common reasons patients file medical malpractice lawsuits. According to that article, the top four motives for filing medical malpractice suits are: to prevent a something similar from happening again; to obtain an explanation of how the injury occurred; to gain financial compensation; and to hold a negligent physician accountable.

Although the reasons for pursuing medical litigation largely break down to these four basic motives, there are a variety of specific reasons why an injured patient might do so. Having a good reason to pursue such litigation is not enough, though. One must also have a strong case and that is likely to result in a payout that outweighs the costs of pursuing litigation.

Making a cost-benefit analysis of pursuing medical malpractice litigation is not something people tend to think of when first considering the possibility of suing their doctor, but it is important to do so. To have a viable medical malpractice case means to have a strong case for both liability and fordamages. In reality, these two aspects are just not there in every potential medical malpractice case.

Those who are seriously considering whether to pursue a physician for negligence should consult with an experienced medical malpractice attorney to have their case evaluated. Doing so will ensure that they know where they stand with respect to the viability of their case, and that if they do choose to go forward with litigation, they will have their rights protected and their interests advocated.