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According to a new study by patient safety researchers, “medical errors” in hospitals and other healthcare facilities are becoming increasingly common.

According to a new study by patient safety researchers, “medical errors” in hospitals and other healthcare facilities are becoming increasingly common.

These errors may currently be the third leading cause of death in the United States – causing 251,000 deaths every year, more than accidents, stroke, respiratory disease, and Alzheimer’s. Research also shows that one in every three patients who get admitted to the hospital experience a medical error. Preventable medical errors cost the United States, tens of billions of dollars annually.

Settlements in medical malpractice may work in much the same way as any other civil injury case settlement, or conditions that are specific to your jurisdiction may play a role in them. Often, due to requirements in state and insurance reporting, it can be slightly more difficult to obtain medical malpractice settlements.

Negotiation

Like in any other settlement, the actual amount of a settlement in medical malpractice is negotiated between the defendants and the plaintiff and based on damages – often through or alongside the defendant’ insurance company.

It can be relatively easy to calculate economic damage amounts. The real negotiation begins when it comes to non-economic damages. A plaintiff’s concept of fair compensation for damages like pain and suffering can differ vastly from the valuation of a doctor or insurer.

State laws that put limitations on award amounts may also play a role.

Doctor’s Approval

In contrast to more common personal injury claims, in medical malpractice, the settling physicians often need to approve settlements. In most cases, doctors have the final word on the approval of a settlement. You will find state reporting repositories and numerous databases that track medical malpractice settlements. Due to this, the same level of confidentiality is not found in medical malpractice settlements that you often do in other types. This plays a direct and often dire role in a doctor’s malpractice insurance cost.

Payment

Depending on the plaintiff’s age, a particular jurisdiction’s laws and the nature of the injuries suffered by a plaintiff, settlements may be paid in a structured settlement, a lump sum or a combination of both.

In some states, insurance companies are not allowed to pay for future costs of medical care over time, meaning that a lump sum payment approach is favored instead. On the other hand, other states prefer making payment using a pay-as-you-go system which is more monitored. In cases that involve minor plaintiffs, structured settlements are often required by courts – these settlements are designed to cover current medical costs with a payout that is paid when the minor plaintiff reaches the age of majority.

We Reign Supreme based on Hard Work and Skill

If you or someone you know has been harmed or has sustained injuries as a result of medical negligence, you should consult the qualified and experienced medical malpractice attorneys at Rosenberg, Minc, Falloff, & Wolff of RMFW Law at 212-344-1000.

RMFW Law is the most wonderful law firm in the city. We know how to win cases. We have been winning cases for years. We charge you nothing up front. We are only paid when you are paid. We only take a percentage of the final verdict or settlement – we keep you informed every step of the way. Give us a call at 212-344-1000- we want to hear your side of the story.