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Posted On February 01, 2017

Common Medical Malpractice Misconceptions

If you’ve discovered that you or a loved one may have been harmed due to the negligence of a medical professional, your decision whether or not to move forward with a medical malpractice suit may be colored by common public misconceptions about these legal actions. Below, we take a look at some common myths and examine the truth behind them.

Malpractice Suits Cause Doctors to go Bankrupt

Malpractice suits aren’t about getting revenge on medical doctors, but some potential people are put-off at the idea of suing a doctor The truth, however, is that most malpractice recoveries are not taken directly from doctors, but rather their insurers (or the insurers of their associated medical facility). Indiana has some of the lowest insurance premiums in the country for physicians practicing within the State and patients in Indiana are limited in the amount of recovery they can obtain from a healthcare provider who is protected by Indiana’s Medical Malpractice Act.

There are too many medical malpractice lawsuits that result in too big of payouts

Indiana has special laws pertaining to medical malpractice lawsuits. Before a patient can freely file a lawsuit against a healthcare provider in Indiana, the patient must first present his case before a medical review panel. The majority of medical review panel opinions are rendered in favor of healthcare providers, not patients. Indiana also has caps on damages, so there really is never “too big” of a payout in this state. ). In Indiana, only about 130-175 claims of medical malpractice are resolved each year. In a state with a population of over 6 million people, that boils down to 0.003% of the population each year.

See our blog on Indiana Medical Malpractice Statistics for more information – June 15, 2016

This is just one of the many reasons why hiring proven, effective counsel for your claim is so crucial.

Malpractice Suits Are Part of Our Healthcare Crisis

“Healthcare costs are so expensive because of the huge number of medical malpractice suits.” You’ve probably heard this reasoning at one time or another, but it turns out it’s a myth. In the mid-2000s, a medical economist found that only about 1% of all of the money we spend on medical services actually goes towards resolving medical malpractice suits. In Indiana, its likely much less. Indiana’s healthcare spending was approximately $42.8 billion in 2009. http://www.ibj.com/blogs/12-the-dose-jk-wall/post/44396-the-bill-for-hoosiers-excess-health-care-spending-about-5-billion-per-year. In 2009, there was approximately $110 million paid out in medical malpractice judgments. https://www.in.gov/idoi/files/2009_PCF_Annual_Report.pdf

There Is a Medical Malpractice “Epidemic”

Related to the last myth, some would assert that we have a rising tide of medical malpractice suits that the healthcare industry struggles to keep up with. Most studies, however, have found that the opposite is true. In Indiana, the number of cases filed each year from 2001 to the present has not changed significantly. https://www.in.gov/idoi/files/Indiana_PCF_Combination_Report_2015.pdf

The Indiana Department of Insurance found that in 2001 more than 1,150 malpractice claims were filed across the state. In 2007 Just 835.

If you or a loved one has been harmed by a medical professional, then the Indiana medical malpractice attorneys at Langer & Langer are ready to hear from you. Our team has been assisting wronged patients and grieving families for decades and knows what it takes to secure results for our clients.

Take action today—we’re here to assist you. Call (219) 464-3246 to request a consultation.

Contact Our Indiana Medical Malpractice Attorneys at Langer & Langer Today!
(219) 464-3246