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Medical Malpractice-Misconceptions about Lawyer

Updated on April 20, 2013

Medical malpractice has more misconceptions than definitions in present scenario. All type of myths is prevailing in market regarding the judicial system. Even lawyers are victim of some of the most common misconceptions. I am listing some of the misconceptions regarding lawyers.

  • They enjoy filing lawsuits- Filing any lawsuit are difficult across any part of the globe. Similarly, a lawyer has to investigate true facts and information collected from medical expert before filing lawsuits. Unless lawyer has proven evidences accumulated from medical expert who points that wrongdoing caused significant injury, attorney will not file any lawsuit. At present, no one in the system like frivolous lawsuit. It’s worst for lawyer career, client and the judicial system. There may be debate about victim injuries and evidence collected from it but there are organizations which check the merit of cases. However, there is no one in the world right now who wants to waste time and money in case which has no meaning.
  • They sue everyone without checking merit- This is not possible in any case under any given circumstances. A lawyer can file cases only against individual who are directly responsible for victim injuries. Reports indicate nurse, Doctors and physician may also be responsible for patient injuries. In such cases, they all will be responsible under medical malpractice. Patients also check before filing any case whether the person was responsible for injury or not.
  • Lawyers have hatred towards doctors, nurses, administration and hospital- Most of lawyers respect and adore the work committed by doctors and hospital for the benefits of local people. The troubles are the doctors and staff who are unprofessional and harming mankind. They are disrespecting their own profession. Lawyers are human beings too. Even they require services from hospitals and physicians during any sort of emergency.

  • Looking to Earn from Insurance Company- No insurance company likes to take losses from lawyers. These insurance companies possess experienced team of expert doctors and lawyers to counter any case imposed on them. They will never allow “quick settlement” for an attorney. Most of cases across globe are solved before or during trial.
  • Settle Cases without Client consent- It is client who agree and consent for any settlement. The case can move forward only if the client is not ready for the settlement. A lawyer is bound ethically from settling the case without client consent. In court, a lawsuit is settled with due records maintained. Every settlement must be done within court otherwise which certain legal jurisdiction are implemented.
  • Easily solve cases involving infants- If any infant is involved in the case, the whole procedure and supervision is performed by trial court. Legally even if the settlement is done by the parties, it must be submitted to the trial court by the attorney. The lawyer has to explain every aspect of case and convince the jury about the benefits of settlement of case. Alternatively, if the judge does not convince on attorney statements, jury can reject the settlement.

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