This week, I watched a family who had suffered the worst healthcare crisis imaginable, listen while a stranger told them that settling their lawsuit would give them peace.
I know for a fact, when you lose a loved one, winning or losing a lawsuit does not bring peace. The loss still exists and is in no way alleviated by accepting money from a negligent party.
I also watched a smart, organized and determined client break down tearfully after opposing counsel questioned her in a deposition rather aggressively.
Whether you are a plaintiff or loved one of the plaintiff in a medical malpractice case, you must realize prior to hiring a lawyer and filing suit that litigation is not easy. Accusing someone or a company of negligent behavior is serious. And as such, their lawyers will do what they can ethically to either defend the actions of their client, or blame someone else. Sadly, but frequently, the party that gets blamed for the negligence is often the victim themselves.
This week I have have also heard lawyers ask families why they didn’t do anything about their complaints sooner, or, one case, it appears the doctor’s entire defense in a case was going to be blame the victim.
Is all of this fair? I am not sure.
Is it legal, yes.
Does it happen frequently? yes.
Is filing a lawsuit something we recommend for everyone? No. Only for those we think can handle what is an emotionally trying and exhausting process.