In the United States, many people are critically injured or lose their lives to preventable accidents each day. These people rely on the expertise and care of medical providers trained to provide life-changing and life-saving treatments and procedures.
But even the best medical professionals make mistakes, and many of these people are critically injured or lose their lives to preventable medical errors each day.
Medical malpractice is a serious issue that can have devastating effects on patients and their families. Despite being a topic that is widely discussed, there are still many facts about medical malpractice that most people are not aware of. Here are ten surprising medical malpractice facts that you probably didn’t know.
Top 10 Medical Malpractice Facts You Need to Know
1. Medical Malpractice is the Third Leading Cause of Death in the United States
According to a study from Johns Hopkins Medicine, medical malpractice is the third leading cause of death in the United States. In addition, the study found that medical errors result in over 250,000 deaths each year, making it a major public health concern.
2. Most Medical Malpractice Claims are Never Filed
Despite the high number of medical errors, most medical malpractice claims are never filed. This is because many patients and their families do not know that they have the right to take legal action, or they may not be aware of the extent of the harm caused by medical mistakes. In addition, many patients are hesitant to pursue a claim due to the time, money, and emotional toll it may take.
3. Medical Malpractice is Not Always Negligence
Many people believe that medical malpractice always involves negligence on the part of the healthcare provider. However, this is not always the case. Medical malpractice can result from a failure to diagnose, misdiagnose, improper treatment, or failure to inform the patient of the risks and benefits of a particular treatment or procedure.
4. Malpractice Claims are More Common in Some Specialties Than Others
Medical malpractice claims are more common in some specialties than others. For example, a higher number of claims are made against obstetricians, gynecologists, and surgeons than against primary care physicians. This is because these specialties involve higher-risk procedures, and medical errors in these areas can have serious consequences.
5. Medical Malpractice Settlements are Often Confidential
Many medical malpractice settlements are confidential, which means that the details of the case are not publicly disclosed. This makes it difficult for patients to know what kind of compensation they may be eligible for and to assess whether their case is worth pursuing.
6. Doctors are Often Insured Against Medical Malpractice Claims
Most doctors and hospitals have medical malpractice insurance to protect them from financial losses in the event of a claim. This insurance typically covers the cost of a lawyer, court costs, and any settlement or judgment that may be awarded.
7. Medical Malpractice Claims are Time-Sensitive
Medical malpractice claims must be filed within a certain period of time after the injury or harm has occurred. This is known as the statute of limitations and varies by state. It is essential to seek legal advice as soon as possible after an injury or harm has occurred to ensure that your rights are protected.
8. Most Medical Malpractice Claims are Resolved Out of Court
Most medical malpractice claims are resolved out of court through negotiation or mediation. This can be more cost-effective and less stressful for the patient and their family, but it also means that the outcome may be less favorable than if the case went to trial.
9. Medical Malpractice Claims are Complex
Medical malpractice claims are complex and require the expertise of a medical malpractice attorney. Attorneys must have a thorough understanding of medical procedures, medical terminology, and the laws that apply to medical malpractice cases.
10. Patients Can Take Legal Action Against Hospitals as Well as Healthcare Providers
Patients can take legal action against hospitals as well as healthcare providers for medical malpractice. This can include claims against individual doctors, nurses, or other staff members and the hospital itself.
Turn to Attorney Steve Newman for Your Medical Malpractice or Personal Injury Case
It’s important to be aware of these facts about medical malpractice so that you can take steps to protect yourself and your loved ones from the negative consequences of medical negligence. In addition, if you or someone you know has been the victim of medical malpractice, it’s important to speak with a qualified attorney who can help you navigate the complex legal process and obtain the compensation you deserve.
Licensed to practice law in state and federal courts in both New York and New Jersey, Attorney Steve Newman has represented clients in all 50 states for over three decades and is prepared to represent you in winning your case.
Practicing law in medical malpractice, personal injury, construction litigation, and more, Steve Newman utilizes an extensive network of board-certified physicians to analyze whether medical malpractice occurred.
Contact the Law Offices of Steve Newman today for an attorney committed to you and your claim.