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Debunking the Indianapolis Medical Malpractice Crisis

Indianapolis is experiencing a current crisis in medical malpractice law. This is common knowledge for the man or woman on the street. Attorneys, medical professionals, and average citizens alike have picked up on the buzz across the country: the nation at large is experiencing an unprecedented abuse and overuse of the laws governing medical malpractice. Court dockets are clogged, tax dollars wasted, and the confidence of the average citizen in the legal system of this country is squandered and depleted.

Except for one thing: it’s not true.

It is true that each year medical mistakes account for a striking number of deaths. Most people would be surprised to learn that the total is more, even, than auto accidents.  Also true, and supported by recent research, is that the virtual totality of medical malpractice lawsuits filed in this country have merit, being based on significant and serious errors in medical care, leading to injury or death. This flies in the face of the widely held belief that the majority of medical malpractice lawsuits are the result of the imagination (and, some would say, avarice) of medical malpractice lawyers in Indianapolis, Fort Wayne, and across the country. How can we account for this false belief in light of statistical evidence to the contrary?

That trial lawyers are responsible for a rash of frivolous lawsuits is an idea that has been effectively disseminated by the insurance industry, in the hopes of prompting “reform,” including tighter limits on filing criteria for medical malpractice cases. Far-reaching, overarching public perception that such reforms will provide necessary limits on attorneys notwithstanding, the fact is that the primary beneficiaries of such reforms will be those insurance companies who sell malpractice insurance to professionals in the medical field. Tighter filing criteria means fewer suits means fewer settlements means a better bottom line for insurance providers.

While it is clear to see who gains, perhaps we should consider who loses. Unfortunately, but perhaps not surprisingly,  it is the average citizen. When outlined in clear, plain language, which of us would favor limiting the legal options of the victims of medical malpractice, a phenomenon that kills more individuals than auto accidents? Furthermore, when we also take into account recent findings that virtually all medical malpractice cases have merit and are not frivolous, it seems a no-brainer. The medical malpractice laws of this country provide the necessary checks and balances to our medical system. Don’t be fooled. And if you’ve been the victim of a medical mistake, don’t  hesitate to exercise your legal rights.

If you wish to discuss a potential case or to speak with an attorney, call or contact us. We invite you to contact us via the Internet 24 hours a day, 7 days a week.

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