People usually associate class action lawsuits with consumer protection, exposure to a toxic chemical or product liability. However, medical malpractice may also fall under a class action lawsuit category.
A class action lawsuit is possible if multiple people suffer from mistreatment or negligence from the same procedure and same doctor. See below for two things to consider before joining a class action lawsuit. Missouri’s statute of limitations for medical malpractice is two years, so do not take too long.
1. Class actions share the costs
There are several advantages to filing a class action lawsuit against a medical practitioner. For one, you share legal costs with multiple plaintiffs. Also, various plaintiffs coming together against the same defendant contributes to a sense of legitimacy and makes the decisions made by the medical practitioner harder to justify. A single victim of medical malpractice might lose their case because the defendant claims they made the best possible decision according to the duty of care owed to the patient. However, if multiple parties have the same complaint, it becomes much harder to claim the medical professional acted in their best interest.
2. Class actions share the compensation
Though you might have a better chance of winning a class action lawsuit, understand you must split the winnings amongst multiple plaintiffs. Also, the damages are not necessarily divided equally. The plaintiff who suffered the most harm usually receives the more significant share. You might receive a smaller percentage for your medical injury but save more money in the long run. Maintaining a prolonged lawsuit against a hospital or insurance company takes considerable time and money.
Class action lawsuits are not always the best option if you suffer a medical injury. You should consider the possibility if multiple people experienced similar harm from the same doctor.