According to a recent study, approximately 440,000 people in the United States die as a result of medical negligence every year. For decades, it was estimated by the federal government that about 98,000 people were killed as a result of preventable medical errors each year. As you can see, in reality, the numbers are staggeringly much higher. In 2014, the total payout amount for medical malpractice claims was almost $4 billion.
According to a recent study, approximately 440,000 people in the United States die as a result of medical negligence every year. For decades, it was estimated by the federal government that about 98,000 people were killed as a result of preventable medical errors each year. As you can see, in reality, the numbers are staggeringly much higher. In 2014, the total payout amount for medical malpractice claims was almost $4 billion.
There are many different types of medical malpractice. In the legal sense, malpractice refers to the incompetent or negligent act on the part of a medical professional. Most malpractice suits can be put into one of the main categories of negligence:
· Misdiagnosis
· Errors in prescribing or administering medication
· Negligence which affects pregnancy and childbirth
· Surgical errors
Research has shown that misdiagnosis is the most common type of physician error. The five most commonly misdiagnosed conditions or diseases are heart attack, heart disease, infections, pulmonary embolism (blood clot in the lung) and masses and tumors in the body. Every year, about 12 million people are misdiagnosed in the US.
Medication errors are another common type of medical negligence. Prescription errors and not administering drugs the proper way can have devastating consequences. Wrong dosage and administering on the wrong body part are other negligent acts that can lead to a malpractice claim and compensation. Additionally, you can also file a claim against a pharmaceutical company for a faulty product or failure to warn consumers of its dangers.
Requirements
Like many personal injury cases, medical malpractice is always based on negligence. A medical malpractice lawsuit can be won only if the patient can prove that the physician was negligent. It is important to bring a medical malpractice claim as quickly as possible. In most states, the statute of limitations is between 6 months and 2 years. If the lawsuit is not filed within the specified period of time, it will be dismissed by the court regardless of the facts.
Another important requirement in a medical malpractice lawsuit is an expert witness. An expert opinion helps you in proving that the medical professional did not maintain the accepted standard of care that another professional would have under the same circumstances.
It is also necessary to prove that the doctor’s negligence was the direct cause of the injury or harm to the patient. Due to the fact that many patients are already injured or sick, the question that often arises is whether the doctor’s actions, negligent or not, actually caused the injury or harm.
A Law Firm that Seeks Results
If you or a loved one has been injured or harmed due to your physician’s negligence, you should immediately seek the help of one of the medical malpractice lawyers at Rosenberg, Minc, Falloff & Wolff of RMFW Law at 212-344-1000.
RMFW Law charges you nothing up front. The first meeting is free. What do you have to say? Do you want your voice legally heard? The folks in the hospital probably are not listening, we will. RMFW Law only takes a percentage of the settlement or the verdict, depending which direction this case takes, so really it is like you never pay us at all. You never write us a check, you never give us any cash.
RMFW Law knows how to win cases. We have been doing this for years. Give us a call. Let’s hear your side of the story.
