Every year thousands of Americans suffer a personal injury or wrongful death from medical malpractice. A new system is in the works to reform the current medical malpractice law that can make holding people responsible less difficult.
Our firm’s personal injury attorneys in San Diego believe that if medical malpractice causes personal injury, that doctor or hospital should be held responsible. You trust your doctor to do procedures and prescribe medications to help you if you have any conditions. One mistake can lead to physical disabilities or wrongful death.
The best reform would be to allow physicians, hospitals and patients to contract out of the liability mess by letting the parties reject state-imposed medical malpractice rules. They could, for example, choose to arbitrate, to waive jury trials, or to limit damage recovery. Stiff competition and the need to maintain reputation should keep medical providers in line in such a system.
A study led by David Studdert published in the 2006 New England Journal of Medicine concluded that the administrative expenses of the medical malpractice system goes beyond usual practice in some cases.
Errors in jury verdicts were also found in about 25% of the medical malpractice cases. Juries denied compensation properly due in 16% of the cases, and awarded it about 10% of the time when it was unwarranted.
Imagine you or someone in your family is rushed to an emergency room with a personal injury. Doctors are hesitant to treat because of the fear of getting sued in medical malpractice claims, and that can lead to a personal injury that gets worse or even becomes fatal.
Our San Diego personal injury attorneys don’t think you should go to a doctor with the assumption that something will go wrong, but in the unfortunate event something does, contact an experienced medical malpractice attorney to help you with the legal process to find out if someone else needs to be held liable for a mistake.
Please contact us for a free consultation with an experienced personal injury attorney in San Diego — we speak both English and Spanish — at (800) 655-6585. Click here and you may also submit your case for a Free Review. No fee if no recovery.
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Tags: David Studdert, medical malpractice, pain and suffering, wrongful death
