Medical Malpractice Statistics: Getting the Compensation You Deserve
Statistics show that less than 2% of medical malpractice cases are ever resolved through legal action, and fewer ever receive the financial compensation they deserve for their failing health, injury, pain, suffering, or wrongful death. Were you injured by a medical mistake, or did you lose a loved one through medical malpractice?
Contact the personal injury attorneys at Rosenfeld Injury Lawyers, LLC at (888) 424-5757 (toll-free phone number) to schedule a free consultation. Let us discuss your compensation case to ensure your rights are protected.
Medical malpractice is the third leading cause of death in the United States, just behind heart disease and cancer. An estimated 225,000 people die every year in hospitals due to medical malpractice when the doctor or other professional makes preventable medical errors.
The U.S. Bureau of Justice Statistics data shows that 50% of all medical malpractice suits are filed against surgeons.
What is Medical Malpractice?
Medical malpractice is a legal term defined as an act or omission by a medical professional while treating someone that deviates from the accepted standards of practice in the medical community. Attorneys use the term medical malpractice as a subset of tort law dealing with professional negligence.
The U.S. justice system defines negligence as care and treatment misconduct based on standards identified by a reasonable person. Typically, medical malpractice does not extend to voluntary assistance to help someone ill or injured, as defined by "Good Samaritan" laws to protect bystanders from being prosecuted or sued for unintentional injuries or wrongful death.
Nearly all medical malpractice lawsuits are filed in state court with the legal authority to hear the evidence and decide. Some cases are filed in federal courts when the litigating parties are from different states or if the plaintiff or defendant's fundamental constitutional right has been violated.
Medical Malpractice Characteristic
Medical malpractice can happen when a healthcare professional, doctor, or hospital acts negligently through an act or omission leading to the patient's injuries. Medical malpractice reports identified the most common examples, including:
Standard of care violation – The justice system understands that professionals use accepted medical treatments that any reasonable health care professional would use under like or similar circumstances. Patients have the right to expect their medical doctor to follow the standards of care. When the standard is not met, the plaintiff has the right to compensation for their damages caused by a negligent act.
Negligence leading to an injury – Valid medical malpractice claims can prove how the health care professional violated the accepted standard of care and how their injuries would not have occurred in the absence of negligence. Simply having an unfavorable outcome or prognosis is not malpractice, but proving that a negligent act caused the injury gives the victim legal standing.
Injury resulting in damages – Typically, only the cases with the most significant damages are ever involved in a medical malpractice lawsuit due to litigation costs. Victims with minor damages might not receive sufficient compensation to pay for the costs of resolving a malpractice claim.
Common medical malpractice cases are filed by plaintiffs who have suffered significant disability, unusual pain, loss of income, pain, suffering, and financial hardship. Usually, these plaintiffs can show significant past, current, and future medical expenses.
Medical Malpractice Examples
Many cases involving medical malpractice result from a doctor, hospital, or medical team's negligent behavior or intentional act or omission that caused the patient's arm. The most common examples include:
Failing to diagnose or a misdiagnosis
Unnecessary lab tests
Ignoring or misreading laboratory tests results
Unnecessary surgical procedures
Premature hospital or nursing home discharge
Improperly prescribed medications
Overdosing or underdosing prescription drugs
Adverse drug interaction
Surgical mistakes
Medication errors
Disregarding the patient's history
Gathering an incomplete patient history
Failing to order the correct test
Medical errors
Failing to recognize a symptom that results in injury
Failing to warn the patient of any known risks of the procedure medication
Medical malpractice claims are not easily provable and nearly impossible to resolve without legal representation. The financial cost of filing a claim against a doctor, hospital, or nursing facility can be expensive.
Medical Malpractice Never Events
The CDC (Centers for Disease Control and Prevention) identifies some conditions and illnesses considered "never events" when abuse and neglect a few of these "never events" include:
Facility-acquired bedsores (pressure sores, pressure wounds, pressure injuries, pressure ulcers, decubitus ulcers)
Urinary tract infection (UTI)
Leaving objects in the body during surgery
According to the Institute of Medicine, many medical malpractice cases go unreported or unnoticed, making it challenging to estimate how many people are unnecessarily injured or killed through medical negligence. The Journal of the American Medical Association released statistics that include:
Medical Malpractice Statistics and Facts
Over 225,000 people die every year in the United States from medical malpractice
Nearly 120,000 deaths are the result of medical negligence by health care providers
Unnecessary surgeries have resulted in 12,000 deaths each year
Approximately 7000 deaths are reported every year caused by hospital errors
More than 20,000 deaths occur from hospital medical staff making medical errors
Researchers identified 80,000 patients who die every year from preventable infections
More than 107,000 deaths are the result of medical malpractice involving drug-adverse effects
Up to one percent of all hospital patients will become a victim of malpractice
Approximately 2% of medical malpractice victims will file a compensation claim
There are four reported injuries for every death caused by medical malpractice and hospitals
Nearly 5% of all physicians in the United States are responsible for 50% of medical malpractice claims
Approximately 95% of all medical malpractice claims have legal standing
Emergency room mistakes cause more than 50% of all medical malpractice deaths
Medical malpractice cases in New York are resolved for more money than any other state, including Illinois that ranks sixth.
Over 27% of all medical malpractice awards were paid by less than 2% of all physicians in the US
Approximately one out of 20 (5%) patients victimized by medical malpractice received compensation through a negotiated settlement
Less than 1% of all medical malpractice cases are heard in front of a judge and jury, and the remainder are resolved through a negotiated settlement
More than 99.99% of all plaintiffs lose their medical malpractice claims at trial
Court judges reduce jury awards paid to claimants in over 70% of claims
Attorneys working for hospitals and physicians can avoid paying 80% of the tangible and non-tangible injuries inflicted on patients and surviving family members
Proving that the medical professional violated the general standard of care is a crucial component to successfully resolving a medical malpractice claim
The high cost of litigation typically limits the number of compensation claims filed every year to the plaintiffs who have suffered the most severe injury
Personal injury attorneys will typically cover the upfront costs of filing a claim or lawsuit against the health care provider until the case is resolved
The leading misdiagnosed conditions by physicians include heart attacks, cancer, and meningitis
The statute of limitation in most jurisdictions restricts the amount of time to file a case to two years
Many medical professionals never face any disciplinary action for committing grave negligence resulting in permanent injury, critical harm, or the patient's death
Approximately 100,000 deaths in the United States each year are the result of a diagnostic error
Nearly 33% of all medical malpractice claims involve diagnosis errors followed by surgical errors (23%), treatment negligence (18%), obstetric problems (10%), and anesthesia/medication errors (10%).
More medical malpractice suits are filed against primary care physicians (16%) misdiagnosing their patient or making a medication error
The medical professional can be guilty of negligence during a diagnosis, treatment, or providing medical advice and recommendations after the illness has been treated
Most medical malpractice suits involve an illness misdiagnosis or delayed diagnosis that led to the plaintiff's substantial harm that could have been prevented
Hundreds of medical malpractice cases each year involved in attending Physician's sexual misconduct, with many claims going unreported
Physicians failing to obtain the patient's informed consent to treatment, prescription, or procedure could be considered medical malpractice
Failing to properly notify the patient of all inherent risks of the medication or procedure could be considered medical malpractice
A third of all hospital patients will be victimized by a medical mistake
Medical malpractice premiums cost less than 50% of the total health care costs
Less than a third of 1% of all health care costs are spent on medical malpractice in the US, involving medical errors that cost the healthcare system more than $29 billion annually
State medical boards discipline about 17% of all physicians that have already paid out compensation to resolve five medical malpractice suits
Medical professionals facing medical malpractice claims could include health care providers, physicians, nurses, psychologists, psychiatrists, psychotherapists, counselors, hospitals, dentists, dental assistants, dental hygienists, and physical therapists.
Medical Malpractice Common Myths
Johns Hopkins Hospital statistics reveal that more than twice as many people die and hospitals every year than car accident victims in the United States. However, hospitals are not required to record or track medical errors, meaning that patient deaths could be significantly higher than the data shows.
Legal Medical Malpractice Statistics and Facts
Most states, including California, Florida, Georgia, Illinois, Maryland, Michigan, Ohio, Oregon, Tennessee, Texas, and Wisconsin, have medical malpractice damage caps that limit the amount of compensation the injured party can receive through a negotiated settlement or jury award.
Medical malpractice payments over the last decade averaged over $348,000
New York State medical malpractice payments by insurance companies totaled more than $7 billion in the last decade
North Dakota had the lowest medical malpractice payouts at just over $28 million
Over the last decade, injured victims and surviving family members reported more than 85,000 incidents of medical malpractice involving medical doctors
Dentist assistants and dental hygienists have the lowest reported medical malpractice claims, numbering only forty-five claims in the last decade.
2019 was a record year in lawsuits over the last decade, with medical malpractice payouts totaling over $4 billion in damages to injured parties
The plaintiffs in a medical malpractice suit have the burden of proof to resolve their case successfully. Their attorney must prove the elements of the case, including:
The doctor's legal duty to treat and care for the patient existed
The doctor breached their duty of care by failing to adhere to professional standards
The doctor's breach of duty of the patient/doctor causal relationship injured the patient
The legal system redress the patient's injuries and damages
Most medical malpractice lawsuits suits never reached trial
Medical malpractice cases take time to resolve due to the extensive and lengthy discovery process
Both the plaintiff and defendant must share factual information during discovery that could include the request for documents, depositions, and interrogatories
The attorneys for plaintiffs (injured parties) and defendants (doctors/hospitals) will review all pertinent medical records, clinical notes, hospital building information, and other documents
Both sides must resolve their case following the Rules of Civil Procedure
The Physician's insurance company representative will likely attend all depositions
A medical malpractice case might take up to four years or longer to be heard at trial
The losing party in a medical malpractice suit can apply for a new trial after the court has assessed damages
The case can be reheard in the Court of Appeals or federal system (in some cases)
In some jurisdictions, the plaintiff or defendant could appeal the judgment amount – if the plaintiff wants more compensation or the defendant wants the jury's verdict award reduced
Personal injury attorneys working on behalf of the plaintiff are typically compensated through a contingency fee system
Some lawmakers believe that working on contingency fees promotes litigation
Typically, the defendant's (physician) attorney was hired by the insurance company that issued their medical malpractice policy
Doctors named in a medical malpractice suit faced emotional and professional stress that could lead to early burnout, depression, or an end of their career
An expert witness might be necessary to provide testimony, describing how the medical professional's mistake caused the plaintiff's injuries
Expert medical and financial experts hired by both the plaintiff and defendant could cost up to $1000 per hour or more
Cases heard at trial could be decided by the judge or the jury
Medical Malpractice Common Myths
Johns Hopkins Hospital statistics reveal that more than twice as many people die and hospitals every year than car accident victims in the United States. However, hospitals are not required to record or track medical errors, meaning that patient deaths could be significantly higher than the data shows.
Don't Be a Statistic. Contact an Attorney Today to Handle Your Medical Malpractice Case
Were you injured through medical malpractice, or did you lose a loved one through medical errors? Contact the medical malpractice attorneys at Rosenfeld Injury Lawyers LLC today at (888) 424-5757 (toll-free phone call) to schedule a free consultation.
Family members who lost a loved one can file a medical malpractice lawsuit seeking compensation, including hospitalization costs, medical bills, lost wages, future lost earning capacity, pain, suffering, and funeral/burial expenses.
All information you share with our law firm remains confidential through an attorney-client relationship. Our legal team currently follows CDC (Centers for Disease Control and Prevention) Covid-19 (coronavirus social distancing guidelines to ensure our clients' safety.