98% of medical malpractice victims never recover a penny. Why?
A study by Harvard University revealed that only one of eight victims of medical malpractice bring a claim for their injury. Many victims of malpractice are not aware that their injuries were caused by preventable medical errors and thus, do not seek compensation. Other malpractice victims do not believe in the civil justice system or do not know a medical malpractice lawyer. The overwhelming majority of victims of medical malpractice never bring a claim. Hawaii medical malpractice
What happens to the others? The basic rules of malpractice insurance companies for defending malpractice cases are governed by the three D’s: Deny, Delay and Defend.
Many malpractice victims assume that the negligent physician and his insurer will admit fault for obvious medical errors and offer a reasonable settlement. Guess again! The rule of the malpractice insurance carrier will be to DENY the claim usually regardless of the claim’s merit. From the very inception of the claim, the defendant physician and his malpractice carrier will claim innocence and place blame for the victim’s injuries on the victim.
The second tack of the physician and his insurance carrier is to DELAY the lawsuit as frequently as possible. The median length of time of a malpractice lawsuit is 4.8 years and the primary reason are the frequent adjournments of the lawsuit. The defendant and his insurer will delay the lawsuit right up to the eve of the trial.
The third ploy of the malpractice insurer is to DEFEND the lawsuit. The defendant and his carrier will go full bore defending every issue involved in the lawsuit and will spare no expense. Malpractice cases often involve a dozen or more depositions, physical examinations of the malpractice victim and court appearances. The goal of the defendant and his insurer is to wear down the malpractice victim.
By the time your case gets to trial, the defendant and his insurer have put you through the proverbial ringer. Some malpractice victims do not want to deal with the stress and anxiety of a trial, while their attorney has invested tens of thousands of dollars to get your case to trial. The defendant is hoping you fold your cards and go home. If you drop your case, the strategy of the malpractice insurer worked
