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Archive for January, 2013

People used to think that suing a pillar of the community for medical malpractice or dental malpractice was a terrible thing. This point of view was encouraged by the medical and dental professions, whose attitude was, “How can people be so ungrateful when we are dedicated to saving humanity?” And, when the doctor was a family friend and confidant, that was a valid argument.

Many Doctors are Highly-Paid Technicians

But today, that relationship is basically gone. Many doctors are highly-paid technicians, who have spent a lot of time and money being educated, so they can earn a very good living. They are super specialized, which means they are concerned with treating one part of the body or one organ, and most of them have little free time for a patient’s personal problems or anything outside their narrow field of expertise. They see patients as technical problems to be cured and gotten on their way as quickly as possible. Some doctors see as many as a 70 patients a day. How much time do you think such a doctor has to listen to your personal problems?

Even the Most Learned Professors Make Mistakes

In the past, when the doctor was the trusted family advisor, a medical malpractice or dental malpractice lawsuit was considered a breach of trust and friendship and a terrible accusation that the doctor had committed an unprofessional act. A doctor, who was sued, felt his reputation and career were on the line. Those days are gone. Today, the law recognizes that even the most learned professors make mistakes. When people are injured by medical malpractice or dental malpractice, they should be compensated.

Many Doctors are Sued, and It Does Not Hurt Their Prestige or Incomes

Even if your claim is successful, you are not going to bankrupt the doctor, or take away his home, or lifetime earnings. When a doctor is sued for medical malpractice or dental malpractice, his insurance company hires a lawyer, pays the expenses of his defense, and any settlement or judgment against him. If the doctor’s insurance company settles the case out of court, the doctor may not have to spend a single afternoon away from his office, explaining his actions in court. In fact, defense lawyers often ask the judge to issue an order that any settlement paid to a victim remain “sealed and secret”, so it is difficult or impossible to find out whether the doctor was successfully sued for malpractice, and his reputation and income remain intact. Today, many doctors are sued, and it does not hurt their prestige or their incomes.

Thousands of patients suffer, due to malpractice, and do not get the compensation they deserve. If you are a victim of malpractice, or your client is a victim of malpractice, contact JD.MD, Inc., today at 800-225-5363. We can provide you with an initial case evaluation or an expert’s opinion.

Juries see a medical malpractice or a dental malpractice lawsuit not as a contest between the doctor and his injured patient, to be divided on strict principles of right and wrong, like a criminal trial. Jurors are concerned with finding ways and funds to compensate the victims of malpractice.

Of course, the concern of jurors will not do any good, if it does not result in adequate compensation for your injuries and losses. Luckily, there is the equivalent of a billion dollar malpractice trust fund that has been established for your protection and compensation.

Judgment Proof Doctors

Doctors carry malpractice insurance for their own protection. In the 1970’s the cost of malpractice insurance rose dramatically. The reaction of many doctors was to reduce their insurance premiums by carrying less insurance or going bareback, meaning they had no malpractice insurance at all. That created the risk that a successful lawsuit against them could result in a levy against their personal wealth. So, doctors set up legal dodges, such as putting all their assets in the names of their wives or children, or setting up corporations or trust funds, which were protected from malpractice judgments. A court award or judgment is just a piece of paper if you cannot enforce it, and many victims of malpractice found that they could not obtain justice through the courts.

Plaintiffs discovered that the doctors who injured them had no insurance and were Judgment Proof, meaning plaintiffs could not enforce court judgments when they won. Plaintiffs then began suing the hospitals, where the malpractice occurred, under the legal theory known as Joint and Several Liability. Hospital insurance premiums soared. Since many hospitals are financed largely by public funds, the states and municipalities found themselves having to spend large sums to care for severely-injured malpractice victims of judgment-proof doctors and for hospital insurance.

Mandatory Malpractice Insurance

As a result, today all hospitals and health plans require doctors to carry adequate malpractice insurance, in order to have a staff appointment and treat patients in the institution. Many states have also started to institute mandatory malpractice insurance requirements to obtain licensure.

The requirement for mandatory malpractice insurance by states and hospitals is not for the doctors’ protection; they can do that for themselves. It is a billion dollar malpractice trust fund that has been created for your protection and compensation. If you can show that you were injured by someone’s negligence, you are entitled to be compensated by this fund.

Thousands of patients suffer, due to malpractice, and do not get the compensation they deserve. If you are a victim of malpractice, or your client is a victim of malpractice, contact JD.MD, Inc., today at 800-225-5363. We can provide you with an initial case evaluation or an expert’s opinion.

     
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