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A frivolous argument against medical malpractice litigation

It's a popular and familiar refrain in political battles, but is it an accurate one? The oft-repeated refrain is that "frivolous" medical malpractice lawsuits are driving the costs of health care higher and higher.

An attorney who penned a recent article on the subject noted that even President Trump has cited "frivolous" medical malpractice suits when arguing for changes to the nation's health care system. However, the lawyer noted, the First Lady is suing for $150 million for harm done to her reputation, while victims of medical malpractice would be limited to $250,000 for pain and suffering if the president's proposed health care law is put in place.

The attorney who wrote the article noted that it is not easy for lawyers to undertake medical malpractice cases. There are typically significant out-of-pocket costs before a lawsuit ever goes to trial; a financial responsibility borne by the attorney, not the client.

It makes sense that lawyers do not take the enormous financial risks in medical malpractice matters lightly or frivolously.

Consider, too, that when a cap is placed on medical malpractice awards, the only people being hurt by the restrictions are those who can prove that they were harmed by a negligent doctor or hospital.

Some victims of misdiagnosis, medical error, wrong-site surgery or unnecessary surgery will never recover. They have permanent disabilities that forever limit their ability to function and enjoy life. For some, a lifetime of medical care is needed.

Putting an arbitrary cap on their pain and suffering can be a way of deepening the pain and extending the suffering.

A Huntington attorney experienced in medical malpractice negotiation and litigation will discuss with you the specifics or your case or your loved one's case here in West Virginia.

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