When it comes to medical malpractice claims, the estimates of success rates vary, but it has been found that 20 percent to 30 percent of injured persons in these types of cases prevail. According to the highest estimates, a third of medical malpractice cases are decided in favor of the plaintiff, or the patient.
When it comes to medical malpractice claims, the estimates of success rates vary, but it has been found that 20 percent to 30 percent of injured persons in these types of cases prevail. According to the highest estimates, a third of medical malpractice cases are decided in favor of the plaintiff, or the patient.
However, these numbers involve only cases that make their way to court, which is a very rare occurrence. In fact, it is estimated that only about 7 percent of medical malpractice cases go to trial. Plaintiffs in about two-thirds of cases that have a pre-trial settlement receive a favorable outcome.
According to the Journal of the American Medical Association (JAMA), the average payout for inpatients is approximately $400,000 dollars, which includes both trials and settlements. For outpatients, the average payout is close to $300,000. Much higher payouts were found in a different study by the New England Journal of Medicine. The study found that in out-of-court settlements, the average payout of close to $500,000 and injury trial verdicts, payouts average in the range of $800,000 dollars. This means that the average payout across all cases is approximately $485,000.
Common Malpractice Causes
In the United States, there are about 15,000 to 19,000 medical malpractice claims brought against healthcare providers every year. What are the main causes for this large number of medical malpractice claims?
Inpatients
Surgical errors are the most common causes for medical malpractice claims for inpatients. These errors make up about one-third of all inpatient medical malpractice cases. Surgical errors can range from surgical instruments being left inside the body to amputation of the wrong limb. The most common types of surgical errors are:
· Performing surgery on the wrong site
· Performing surgery on the wrong patient
· Using unsanitary surgical tools
· Damage to organs
· Damage to nerves
Generally, the first three errors are considered to be preventable, while the second two may be an indication of some wrongdoing on the surgeon’s part, or reflect an unfortunate medical outcome.
Anesthesia-related errors are another common cause of medical malpractice claims among inpatients. In many cases, errors with anesthesia are more dangerous than surgical errors. Anesthesia can have unexpected interactions with the body and it is crucial for anesthesiologists to pay careful attention to a patient’s medical history and ensure that they constantly monitor patients while they are under anesthesia.
Additionally, in some procedures required for surgery under anesthesia, a patient can be seriously harmed if the procedures are improperly performed. For example, an improperly inserted breathing tube may damage a patient’s trachea. Worse, that patient may have difficulty breathing during the surgery, causing brain damage or, in some cases, even death.
Outpatients
For outpatients, misdiagnosis or failure to diagnose is by far the most common cause of medical malpractice claims. In adults, the diagnosis of cancer and heart attacks are the most common errors of this type. For children, it is the diagnosis of meningitis. In some cases, it is difficult to diagnose these conditions. For example, their symptoms may be similar to symptoms of other common ailments. Unfortunately, failure to diagnose a heart attack, cancer, pneumonia, meningitis and other serious conditions can be life-threatening.
Childbirth
Errors relating to childbirth are another common cause for medical malpractice claims. Claims filed against OBGYNs make up about 20% of all medical malpractice cases, which is more than against any other type of doctor. Lawsuits that are childbirth-related are particularly difficult. The errors that doctors make can cause serious health problems for newborns. However, you should keep in mind that many health problems are not related to the actions of a doctor.
Medication Errors
More than 1.5 million injuries are caused by medication errors every year in the US. Prescribing the wrong medication or the wrong dose, failure to warn patients of potentially dangerous side effects and administering the wrong medication or wrong dose are included in this type of medical error. Additionally, the right medication for the diagnosis may be prescribed by doctors, but they get the diagnosis wrong. Errors in medication dosage are the most common mistakes.
If you or a loved one has suffered a serious injury or serious medical side effect due to the negligent actions, or the inaction, of your healthcare provider, you should contact one of the experienced medical malpractice attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. You can get a free consultation to evaluate your case and find out if you have a viable malpractice case.
What do you have to say? Do you want your voice legally heard? We know how to win cases – this is what we do! You need to call us 212-344-1000though, we cannot do that for you.
