There are various types of personal injury cases and every situation is different. Some personal injury cases like auto accidents can be handled relatively quickly if enough information is evident. Some cases, however, take a lot more time, money, and effort to finish.

Medical malpractice is an issue in this country and all over the world.

“Doctors go to jail all over the world, but not for simple malpractice,” said Stephen Ballantine, a medical malpractice specialist at Galadari Advocates. “It has a negative impact if a doctor knows he can go to jail for not testing a patient to indicate a serious illness.”

Ballantine added that because of the underlying risk of potential jail time, doctors often perform tests that are unnecessary and unwanted by the patient and family. They would rather over test, however, than under test, as their careers are in danger. If one test goes unperformed when later it was found out that it should have been performed, that doctor might lose their job or even face jail time.

According to The National, Ballantine believes one solution to this problem is lowering the penalty. “You can understand why doctors run tests that may not be necessary,” Ballantine added. “Decriminalizing malpractice would help bring down health care costs.”

Medical Malpractice: Did You Know?

    • On average, a medical malpractice suit takes about 27.5 months — from the time the suit is filed — to finalize and reach a resolution.
    • Of all the medical malpractice cases that go to trial, 21% are in favor of the plaintiff. Cases that end in a settlement favor the plaintiff in approximately 61% of all cases.
    • According to the U.S. Department of Justice, the average injured patient waits approximately 16.5 months before filing a lawsuit for medical malpractice. This means that medical malpractice situations, on average, last about 44 months from the initial treatment (or lack thereof) to the resolution.
    • Surgical errors account for 34% of all medical malpractice inpatient incidents, which is the highest basis for a malpractice claim.
  • For outpatient incidents, 46% of medical malpractice claims are a result of errors in diagnosis.

These situations can be difficult for everyone involved. Working with an experienced and professional personal injury lawyer can help ensure you get the legal counsel you need for any case.

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