Patients have the right to pursue compensation against a doctor or health care facility if they are harmed by medical negligence. However, states a prominent Atlanta medical provider insurance company, medical malpractice lawsuits that go to trial most often end up in the doctor’s favor.
According to the provider MagMutual, the insurer wins nine out of 10 jury trial cases against its hospitals, medical facilities and physicians. The company also claims that the majority of lawsuits filed against its clients never go to trial.
However, company executives say that their organization’s efforts have largely benefited countless patients and reduced the risk of malpractice litigation by half. For example, they claim the company has encouraged higher medical standards in hospitals and medical facilities. These might include standardizing hospital practices that have historically resulted in patient injuries. A lack of standardized procedures has been known to lead to such mistakes as medical implements being left in a patient’s body after surgery, or a miscommunication during handoff procedures resulting in overmedication.
Does MagMutual’s litigation record mean that patient rights are being disregarded? Judges and juries must make difficult decisions in malpractice cases and determine if a doctor or facility truly exercised negligence. Many cases are also settled before they go to trial, resulting in the patient receiving some form of compensation. Medical malpractice attorneys understand the risks when they accept clients who were adversely affected by the medical industry. The goal of those on both sides of the legal process is to improve safety procedures so there will be fewer patients harmed in the future.
Source: Daily Report, “Med-Mal Insurer Says Doctors Win in 9 Out of 10 Trials,” Katheryn Hayes Tucker, Oct. 20, 2015