Medical malpractice claims are marred by various myths that can cloud the judgment and decision-making of potential claimants. Understanding the common misconceptions surrounding these claims in Mississippi is crucial for individuals seeking justice for their sufferance due to medical negligence.
Dispelling Medical Malpractice Common Myths
Myth #1: Frivolous Lawsuits Flood the System
- Fact Check: The reality is that malpractice claims are typically complex and require a substantial burden of proof, making it difficult for frivolous cases to proceed. In a malpractice claim, it must be proved that the person or entity being sued owed the patient a duty of care, that they were negligent, which led to the injury and that economic damages resulted.
Myth #2: High Compensation is Guaranteed
- Complication vs. Reality: People often believe these claims result in oversized payouts, but compensation directly correlates with the extent of injury and provable damages. Under Mississippi Code § 11-1-60, non-economic damages (pain and suffering) awards are limited to $500,000. However, this amount does not include punitive damages, which are capped at $1 million. Non-economic damages do not include the outlay of medical costs and other tangible losses, such as lost wages and benefits.
Myth #3: Medical Malpractice Claims Drive Up Health Costs
- Economic Impact Analysis: Studies have shown that malpractice claims do not contribute significantly to healthcare costs as a whole. This is because physicians, surgeons, physical therapists, nurses and other medical professionals carry malpractice insurance. Physicians and surgeons are required to take this insurance under the MCARE Act.
Understanding Your Rights in Mississippi
In Mississippi, medical malpractice laws are designed to protect patients and to hold healthcare providers accountable for negligence such as wrong-site surgery, dangerous errors in medication and misdiagnosis. Familiarizing yourself with these laws, like the statute of limitations and the cap on non-economic damages, is essential. The statute of limitations in Mississippi for filing a malpractice claim is two years from the date of injury, although there are exceptions. One exception is when a physician leaves a foreign object inside the body during surgery. Your malpractice attorney can gell you whether the statute of limitations could be extended in your case. Legal representation can provide strategic guidance through these intricacies to substantiate your claim effectively.
Why a Lawyer is Critical for Your Claim
- Expertise: Proficient in malpractice laws to navigate the legal complexities.
- Investigation: Harnessing resources to uncover critical evidence supporting your case.
- Advocacy: Championing for your rights in court or negotiating settlements with insurance companies.
Seek Justice by Enlisting the Help of a Mississippi Medical Malpractice Lawyer
If you or a loved one has suffered due to medical negligence in Mississippi, it’s paramount to bust the myths and seek the truth with a professional by your side. Consulting a Mississippi personal injury lawyer who handles malpractice cases can be the first step toward getting the justice and compensation you deserve. Don’t let misconceptions impede your path to recovery; contact a knowledgeable attorney today to discuss your case.
Mississippi Personal Injury Lawyers
The Diaz Law Firm understands how malpractice can affect patients and their families. We fight for justice and obtain fair compensation for our clients with the help of our experienced injury lawyers. We offer free consultations and case reviews to anyone who has been a victim of malpractice in Mississippi. Call (601) 607-3456 or (800) 459-2222 to discuss your case. Please feel free to contact us online as well. As we aggressively pursue your case, we will hold those responsible for their actions accountable. Get the justice you deserve by calling us today.