Refuting Misconceptions Regarding Medical Malpractice Cases

Suffering a serious injury or developing an illness is always an unpleasant experience, and people rely on their doctors to treat these problems. However, it is a reality that some doctors can make mistakes when treating their patients that result in serious harm being done. When this happens to you, there is a chance that you may be able to sue the doctor for medical malpractice, but this is a frequently misunderstood area of law. By refuting these two frequently held myths, you can better understand your rights when you have been a victim of medical malpractice. 

Myth: You Can Sue Whenever Your Doctor Makes A Mistake Treating You

There are some clients that are under the belief that they can always sue their doctor if serious mistakes are made in their treatment, but this is not actually how the law works. In order to bring a malpractice case against your doctor, you will have to prove that the mistake was the result in negligence by the doctor. 

In order to prove this, an attorney, such as R.J. Marzella & Associates, P.C., will need to secure testimony from medical experts that contradict the treatment process that was used on you. When it can be shown that the doctor did not follow the best practices for caring for your condition, your odds of successfully suing for malpractice will greatly increase. 

Myth: If Your Insurance Paid Your Damages, You Can Not Sue The Doctor

Another belief stems from the idea that you can only sue the doctor if you suffered out of pocket expenses. As a result, some people may avoid filing this type of lawsuit if their insurance covered the costs of treating the doctor's mistake. However, this is not how the legal process works, and you are entitled to compensation for damages that you suffered regardless of whether or not your insurance paid for these damages. By taking advantage of this aspect of the law, you can ensure that you bring your negligent doctor to justice regardless of whether you ever paid out of pocket expense for your injuries. 

Suffering injuries as a result of your doctor's negligence can be a difficult experience to go through, and it should not be surprising that there are many people that lack the information they need to decide whether to pursue a medical malpractice lawsuit. If you are informed about the requirements for being a medical malpractice lawsuit and that your insurance paying for damages should not impact your claim, you will be better able to defend yourself against these unfortunate incidents.