Medical Malpractice

Even One Is Too Many

According to researchers at Johns Hopkins University, more than a quarter-million Americans die every year due to medical malpractice. If so, that would make it the third-leading cause of death in the United States. Only heart disease and cancer would be more deadly.

That statistic has been criticized as flawed by other researchers. One study published under the auspices of The Journal of the American Medical Association (JAMA) concluded that there were 123,603 deaths due to the “adverse effects of medical treatment” (a euphemism for malpractice) in the U.S. between 1990 and 2016. Far fewer, but, as that study reminds us, even one is too many.

These “adverse effects of medical treatment” can be caused by adverse reactions to drugs, surgery and surgical procedures, medical or surgical devices, medical errors, and improper medical management, among other triggers.

Given that reality, you’d think that taking a negligent physician to court would result in a slam-dunk verdict if his or her treatment resulted in the patient’s death or grievous injury, but it’s not. Most cases that make it to the courts are resolved in favor of the defendant health professionals.

One study of malpractice lawsuits that reached the courts over a 20-year period revealed that physicians win 50 percent of resultant jury trials even if the evidence of medical neglect is strong. When the evidence is merely borderline the figure rises to 70 percent. And when the evidence is clearly weak, they win 80 to 90 percent of the time.  

But those are your odds only if your case reaches a jury. Most probably you won’t get that far. Between 80 and 90 percent of defensible claims are withdrawn or dismissed without any payment whatsoever. One of the reasons why is that plaintiffs can simply become exhausted with the time it takes to proceed through the courts.  Malpractice attorneys representing the defendant, as well as the defendant’s insurance company, are well acquainted with delaying tactics that are intended to wear down the plaintiff’s will to proceed, as well as drain his or her budget.

There Is an Alternative!

When you read about a medical malpractice lawsuit in the media what makes the headlines is the amount the victims or their families are demanding in punitive damages. In fact, however, the victims have two aims. The first is indeed punitive. The first obligation of a medical professional is “do no harm.” If harm is done, a payment to the victim is an acknowledgement of culpability and a disincentive for other medical professionals to repeat the same mistake. And the greater the amount of the damages the more the story will be reported in the press, which will, of course, generate public sympathy in advance of a jury trial (assuming it will get that far).

But medical malpractice victims should have another, more immediate objective in mind as well. They spent a significant amount of money in undergoing a procedure that was not only unsuccessful but also the result of negligence. They deserve to get that money back and get it back as fast as possible. Accomplishing also serves another vital purpose: Remuneration can be seen as a tacit admission of responsibility, which can prove invaluable in a court of law.

Assuming you paid for your treatment with a credit or debit card, you can file for a chargeback.  To do so you must convince the bank that issued you your charge card to open a dispute with the merchant, which in this case is the medical facility where you underwent the procedure in question. But you have only one chance. If the bank rejects your request to open a dispute you will not be permitted to do so again.  That’s why you require professional assistance, which is the  added value you get when MyChargeBack assists you.

Challenging medical professionals can be very complex and mistakes can cost you. MyChargeBack will analyze your case and assist you throughout the entire recovery process. 

If you think you have been victimized by medical malpractice, consult with the fund recovery experts at MyChargeBack.