212-LAWYERS or (212) 344-1000

Medical Malpractice Claims against Psychiatrists

According to the American Medical Association, more than 60% of doctors aged 55 and over in the United States have been sued at least once. Failure to diagnose was the leading cause of malpractice allegation in 2012. 10% to 20% of cases involved incorrect, delayed, or missed diagnosis.

Hysterectomy and Medical Malpractice

Hysterectomy is the second most common procedure among women in the United States. More than 22,000,000 have had a hysterectomy. According to 2011 Women’s Health Stats from the American Congress of Obstetricians and Gynecologists (ACOG), over 500,000 hysterectomies are performed annually and 33.3% women will have this procedure by the age of 60. In 2008, 18% of all hysterectomies were performed as outpatient surgeries.

Common Medical Errors in Medical Malpractice

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.

What are the Challenges You Face in Winning a Medical Malpractice Lawsuit?

According to the Institute of Medicine, every year, about 100,000 fatalities are caused by medical errors. It was reported in a 2006 New England Journal of Medicine article that approximately 97 percent of medical malpractice claims are a result of injury. According to further data, medication prescription and administration errors account for over 1.5 million personal injuries every year.

5 Important Things to Know about Medical Malpractice

According to the Journal of the American Medical Association (JAMA), the third leading cause of death in the United States is medical negligence, right behind heart disease and cancer. In 2012, more than $3 billion was spent in medical malpractice payouts, meaning that there is an average of one payout every 43 minutes. It is estimated that approximately 200,000 patients are killed each year as a result of medical errors.

Basic Requirements for a Medical Malpractice Claim

In 2012, the total medical malpractice payout throughout the US was 12,142, amounting to one claim every 43 minutes. New York ranked number one in the top five states for medical malpractice payouts with an astounding $763,088,250. The medical negligence problem in New York is alarming and is one of the states in the nation where medical malpractice filings remained nearly level.

When does Medical Malpractice Turn into a Criminal Case?

In normal medical malpractice cases, the “guilt” of a medical practitioner is defended in court by an obvious argument that someone else in the same situation might also have done it. Thus most medical errors wind up in civil courts in the form of malpractice charges.

When not to file a Medical Malpractice Case in New York

Between 1999 and 2008, a high proportion of medical malpractice claims were filed in New York State. Court reports that in 2008 medical malpractice cases resulted in 7.4% of all tort cases, and 1.1% of all civil lawsuits filed in the state. As medical malpractice laws differ from state to state, it is important to understand the New York State laws pertaining to medical malpractice before filing a lawsuit.

Types of Damages Awarded in New York Medical Malpractice Cases

Each US state has designed its own laws relating to medical malpractice; thus, it is important to understand New York State’s medical malpractice laws so you know more about this process that you may already be involved in or are contemplating in this vital northeastern state.