There’s no shortage of myths about medical malpractice lawsuits. If you suffered harm after a medical procedure, you might hesitate to speak with a lawyer because of something you’ve heard. But much of what is repeated about malpractice lawsuits simply isn’t true. Below, we break down seven of the most common medical malpractice myths and explain what you can actually expect.
Myth 1: Medical Malpractice Lawsuits Are “Easy Money”
Medical malpractice lawsuits don’t always lead to big payouts. In fact, about two-thirds of claims are dropped, dismissed, or withdrawn before reaching a verdict. Only a small fraction go to trial.
For injured patients, the claims process is rarely fast or simple. It requires gathering expert opinions and extensive medical records. You also have to prove that the healthcare provider violated the standard of care, not just that something went wrong. That takes time and resources. The idea that people get rich off frivolous claims isn’t supported by real-world results. A skilled medical malpractice lawyer can investigate whether you have a meritorious claim and advocate on your behalf.
Myth 2: If You Signed a Consent Form, You Waived Your Rights
A signed consent form does not give a healthcare provider the right to act carelessly. Informed consent means you agreed to the known risks of a treatment, not to negligence. If a medical provider fails to explain a procedure, uses the wrong technique, or ignores critical symptoms, that may still qualify as medical malpractice.
The form protects them from lawsuits about accepted risks, not reckless or substandard care. Illinois courts will look at what actually happened during your treatment, not just what paperwork you signed. Even if you understood the risks, that doesn’t excuse preventable harm.
If you believe you suffered harm because your provider didn’t follow proper procedures, speak with a lawyer. A consent form doesn’t relieve a provider of their duty to treat you responsibly.
Myth 3: Any Bad Medical Outcome Qualifies as Malpractice
Not every poor outcome occurs due to malpractice. Even when doctors do everything right, treatments can fail, or complications can arise. To file a valid medical malpractice claim in Illinois, you need evidence that your provider violated the standard of care and caused you harm as a result. That standard refers to what a reasonably careful provider would have done in a similar situation.
If your negative outcome happened despite proper care, you likely won’t have a case. But if your provider missed a key symptom, delayed a diagnosis, or used the wrong approach, those actions may have caused you harm. Medical malpractice is about preventable errors, not just bad luck. A qualified attorney can review your records and help you determine whether malpractice occurred.
Myth 4: Medical Malpractice Claims Are the Main Driver of Healthcare Costs
Medical malpractice lawsuits account for only a small share of total healthcare spending nationwide. Reports show that malpractice-related costs account for just 2 to 3 percent of what the United States spends on healthcare each year. That includes payouts, legal fees, and insurance costs. The main drivers of healthcare expenses are things like hospital overhead, administrative billing, and prescription drug prices, not lawsuits.
While insurance companies often highlight malpractice as a reason for high premiums, the numbers do not support that claim. Blaming injured patients for the cost of care shifts attention away from bigger problems in the system. If you’ve been harmed by negligent care, you have the right to seek compensation. Doing so does not mean you’re contributing to existing systemic problems.
Myth 5: Only Doctors Can Be Held Liable
Doctors are not the only medical professionals who can face legal responsibility in a malpractice case. In Illinois, any licensed healthcare professional or entity, including hospitals and nurses, can be held liable for negligence. Liability is not limited to doctors but can extend to any person or entity involved in the patient’s care. Nurses, anesthesiologists, physician assistants, pharmacists, and even hospitals can all be named in a claim. If multiple people or institutions played a role in your care, and any of them failed to meet the standard of care, they may be liable.
Hospitals can also be held responsible for poor hiring, training, or supervision. In some cases, a hospital might be named as a defendant even when the doctor involved is an independent contractor.
If someone made a preventable error that caused you harm, you may have a case against them, regardless of their job title. Our experienced legal team can identify all possible sources of liability and help you hold responsible parties accountable.
Myth 6: Hiring an Attorney Is Too Expensive
Medical malpractice attorneys usually work on a contingency fee basis. That means they don’t charge you anything up front. Instead, they only get paid if they win at trial or settle your case, and their fee comes from a portion of the money they recover, not out of your own pocket. This setup means you can pursue a claim without worrying about hourly legal bills. It also means the lawyer takes on all the financial risk.
This kind of arrangement makes it possible for people of all economic statuses to obtain legal representation. Don’t assume you can’t afford legal help. An ethical attorney will explain their fee structure clearly and answer your questions before you commit to anything.
Myth 7: Every Case Goes to a Public Trial
Most medical malpractice claims don’t go to trial. In fact, the majority of cases settle before a judge or jury ever becomes involved. Trials are expensive, time-consuming, and unpredictable for both sides. Most healthcare providers and insurers prefer to resolve strong claims outside of court. Settlements allow both parties to avoid the stress of litigation and reach a private agreement.
Even when a medical negligence lawsuit is filed, that doesn’t guarantee a trial will happen. A case might settle after depositions, before expert testimony, or even just before a trial starts. Only about 7 percent of malpractice claims are actually decided at trial. At Salvi, Schostok & Pritchard, we prepare every case for trial so no stone is left unturned. We resolve cases when it is best for the client, not the insurance companies.
Why You Need an Experienced Chicago Legal Team
If you think a medical provider made a serious mistake that caused you harm, talk to an experienced medical malpractice lawyer. Medical records aren’t easy to interpret, and even clear errors are difficult to prove without the right analysis.
The Chicago medical malpractice lawyers at Salvi, Schostok & Pritchard P.C. have handled complex injury cases for decades, and we’re here to guide you through your next steps. Contact our Chicago medical malpractice lawyers now to get started with your free consultation.
