In a recent interview, leading medical malpractice attorney Chip Wagar, founding partner of Wagar Richard Kutcher Tygier in Metairie, LA, revealed 5 misconceptions that stop people from pursuing justice. —
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When asked to comment, Wagar said, “Unfortunately, many patients who have been injured by someone in the medical community don’t realize that they have a feasible case on their hands. This is due to widespread – but incorrect – beliefs about medical malpractice.”
One of the most commonly held misconceptions is that medical malpractice suits are too expensive, something that causes many to be hesitant about seeking legal help.
“While medical malpractice suits can be costlier than other injury cases, affordable options are available to you. For instance, you can find a lawyer who works on a contingency basis, which means their attorney fees are taken out of the final settlement or court decision," Wagar said.
Many people also incorrectly assume that only physicians can make medical errors.
When asked to elaborate, Wagar said, “In addition to surgeons and physicians, nurses, pharmacists, and clinical staff make up the broader medical community and are responsible for a certain standard of care. They are also liable to a patient bringing a medical malpractice suit against them.”
There are many possible causes for a medical malpractice claim, not only negligence, which is another common misperception.
“An injury that a patient has sustained for reasons other than negligence such as misdiagnosis, failure to mention risks of medical procedures, as well as mistakes related to administering medicine could also form the basis of a medical malpractice suit,” he said.
Following from this, Wagar added, many people think that a suit can only be won if negligence is proven.
“While negligence is important, it’s only one aspect of a malpractice case. But there are other variables at play here that an attorney must prove, such as the medical professional’s duty to treat the patient, that the treatment or non-treatment resulted in the injury, as well as the physical, financial, and emotional impacts of care.”
Another belief that often discourages patients from moving forward with a malpractice case is that they must agree to the first settlement offered.
When asked to elaborate, Wagar commented, “It's in the best interest of insurance companies to accept payouts as early as possible; however, this doesn't mean that you must accept the first offer that comes along. If you and your lawyer think that your case is worth more, then you are under no obligation to accept it."
Name: Chip Wagar
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Organization: Wagar Richard Kutcher Tygier & Luminais, LLP
Address: 3850 N Causeway Blvd Ste 900, Metairie, LA 70002, USA
Source URL: http://RecommendedExperts.biz
Release ID: 434272