Medical Malpractice / Hospital / Institutional Neglect
New research published in the May 11 edition of the New England Journal of Medicine establishes that almost every medical malpractice suit filed in the United States has a meritorious basis and rejects claims that the civil justice system is inundated with frivolous lawsuits.  “This study, conducted by the independent and highly-respected Harvard School of Public Health, shows that efforts to implement a one-size-fits-all cap on non-economic damages in medical malpractice cases simply are unnecessary and merely a ploy by the insurance industry to pad their profit margin."   If anything, the research establishes that the system is advantageous to big insurance companies and biased against injured patients.”   Those who read the Associated Press account of the study may be a bit confused. The reporter wrote that 40 percent of all malpractice claims are groundless, which is in no way substantiated by the study. The reporter, apparently, combined the 3 percent of claims that didn’t involve injury with the 37 percent in which an injury occurred but no negligence was found. There’s a world of difference between the two as other journalistic reports properly noted.  The Harvard study found that most malpractice cases are meritorious, with 97 percent involving injury. Furthermore, 80 percent of the claims involving physical injuries resulted in major disability or death.  In fact, the study noted that the incidence of patients seriously injured as a result of medical negligence who don’t receive compensation is a far larger problem than cases where substantial monetary damages are awarded where negligence is not present. It also maintains the civil justice system does a good job of uncovering trivial claims and having them dismissed. The research supports the wisdom displayed by the U.S. Senate when it rejected an attempt to apply a $250,000 one-size-fits-all cap on non-economic damages in medical malpractice cases.

Medical Malpractice / Hospital / Institutional Neglect / Elder Abuse By the Numbers 

• 2.5 million – Number of Americans seniors and disabled adults who live in nursing homes and long-term care and assisted living facilities.
• 300,000 – Number of elderly and disabled residents who live in chronically deficient nursing homes where they are “at risk of harm due to woefully deficient care,” according to GAO.
• 26.2% -- Percent of nursing homes nationwide cited for violations related to quality of care by regulatory agencies in 2004.
• 90% -- Percent of nursing homes that do not meet recommended standards for nursing staffing levels.
• 20,000 – Number of complaints investigated by long-term care ombudsmen in 2004 for abuse, gross neglect and exploitation.

Profit Motives and Care in the Nursing Home Industry

• 47% -- Increased number of deficiencies in quality of care reported in for-profit nursing homes compared to non-profit nursing homes, according to the American Journal of Public Health.
• 20-30% -- Profit margins of many for-profit nursing homes, according to U.S. News and World Report.

The Federal Malpractice Bill

• $250,000 – Maximum compensation for a resident who is permanently disabled, paralyzed, or brain damaged because of a nursing home’s abuse or neglect.
• $250,000 -- Maximum compensation for the family of a resident killed because a nursing home failed to treat a pressure sore that grew so large it became infected, required amputation of a limb and eventually killed the resident.
• $250,000 – Maximum compensation for the family of a resident who is raped and killed by a nursing home attendant the nursing home corporation hired despite a known criminal record of sexual assault.
• 0 - Number of lines in the federal malpractice bill relating to improving care for nursing home residents or decreasing widespread abuse and neglect in long-term care facilities.
• 0% - Decrease in insurance premiums the insurance industry has promised if Congress limits the rights of patients injured through no fault of their own to hold negligent nursing home corporations accountable.

If you or someone you love has been injured as a result of hospital or institutional neglect, fill out the form below to contact an attorney.