Why Most Malpractice Victims Never File a Claim — and Why That’s a Problem

Going through a medical procedure or receiving treatment in a hospital or clinic can be a nerve-wrecking situation. There is a significant amount of vulnerability involved in undergoing medical care. Placing your well-being into the hands of a medical professional requires trust. So, what happens if that trust is broken and you suffer an injury or illness?

If you are unsure about filing a medical malpractice claim, there are likely reasons that have led you to this position. Many people suffer pain, injury, and irreversible physical damage as a result of negligent medical care. It may surprise you to learn that most victims do not pursue a medical malpractice claim. 

A lack of understanding that malpractice occurred 

On a basic level, even if you don’t know exactly what is going on inside your body, you likely understand that something is wrong. As you begin to ask questions of the medical provider, hospital, or clinic, you may not receive straightforward answers. In general, the medical profession does not admit to wrongdoing unless doing so is inescapable. 

Being unaware of the malpractice that has occurred is a defensible reason for not filing a malpractice lawsuit. That is, until you have had enough time to research the relevant issues and pursue more information. Don’t allow a doctor, nurse, therapist, or other medical professional to try to deny the reality that your life has become. If you have been injured and suspect it may be due to malpractice, contact an experienced Fort Lauderdale medical malpractice lawyer for more information and to initiate an investigation into your situation. 

The costs (real and perceived) 

Medical malpractice lawsuits have associated costs that are complex, but none of these costs fall to the victim or their family. In most cases, a personal injury attorney represents clients on a contingency fee basis, which means that you would only pay your attorney if you are successful in court or you receive a settlement. In this situation, no payment is made to the attorney initially. 

In Florida, a cap and scale are associated with contingency fees in medical malpractice cases. Liberman Cabrera Thompson & Reitman has served clients in a wide variety of medical malpractice claims. Our team of knowledgeable and experienced attorneys understands the challenges associated with a malpractice claim. We support our clients and believe that we provide services to them – characterized by strong communication, intentionality, and a client-focused method of operation – that sets us apart from other attorneys. 

A reluctance to relive your trauma

It is reasonable to avoid looking back at the trauma associated with being injured due to medical malpractice. The people that you placed a great deal of trust in violated that trust and, in the process, injured you. Now you are left with the option of continuing to pursue a claim or walking away. 

The decision is not an easy one, considering that you are conflicted in large part because you are concerned with the impact of filing a claim against a doctor or hospital. Will doctors reject you as a future patient because you have filed a medical malpractice lawsuit? Is it possible for the hospital to hold the lawsuit against you in future bills? 

Wanting to look forward rather than turn back is understandable, but doing so will not help you heal from your injuries nor provide you with peace. The gnawing feeling that foregoing a lawsuit or claim will bring is bad enough in its own right. An experienced Fort Lauderdale medical malpractice attorney can help you gain the confidence you need to face up to the challenges of a medical malpractice case (and remember, your attorney does all the work).

Legal hurdles and short filing deadlines 

An injured person in Florida has two years from the date their injury occurred to file a malpractice claim. In legal terms, this deadline is known as the “statute of limitations.” A two-year statute of limitations places pressure on an injured person to efficiently collect evidence that will aid in recovering damages in a personal injury matter. 

Additionally, Florida adheres to the principle of pure comparative negligence. This legal theory allows an award of damages to be reduced proportionally to the fault percentage assigned against you by a court. For example, if a jury finds that you were 20% at fault for the injuries you suffered in a medical incident, your overall award for damages would be reduced by 20%. 

In addition to comparative negligence concerns, damages awards in Florida medical malpractice cases are capped, depending on the type of medical malpractice being alleged. These two factors discourage many people from filing medical malpractice claims when they might otherwise be motivated to do so. As a result, injured individuals often limit their ability to receive just compensation for injuries sustained due to negligence on the part of a doctor, nurse, clinic, or hospital.

Think it’s malpractice? Contact Liberman Cabrera Thompson & Reitman for consultation to find out.

The experienced Fort Lauderdale medical malpractice attorneys at Liberman Cabrera Thompson & Reitman fight for our clients in medical malpractice cases. Don’t allow yourself to become a statistic–someone who chooses to be intimidated out of filing a medical malpractice claim. If you have been injured, please contact our office and assert your rights. Our team of legal professionals is here to help.