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"The Institute of Medicine found that between 44,000 and 98,000 patients die each year as a result of preventable medical errors. As the Institute noted, "[e]ven using the lower estimate, preventable medical errors in hospitals exceed attributable deaths to such feared threats as motor-vehicle wrecks, breast cancer, and AIDS."
Every day in this country, doctors, hospitals and other health care professionals commit medical negligence resulting in traumatic injury. Often, these cases are referred to as "malpractice." Unfortunately, medical negligence cases are complicated by a multitude of factors that make them difficult to prove and win. Doctors are often unwilling to testify against other members of their profession. Medical records are often written in illegible handwriting. Courses of medical treatment may be extremely complex, or the medical issues may be extremely complicated. Of the 1,156 medical malpractice trials litigated in the Nation’s 75 most populous counties during 2001, most were disposed of by jury trial (96%). In an estimated 9 out of 10 medical malpractice trials, the alleged harm involved either a permanent injury (57%) or a death claim (33%).About half of the sampled medical malpractice trials were brought against surgeons, while a third were against nonsurgeons. Dentists accounted for 5% of medical malpractice defendants. Medical malpractice trials with nonsurgeons had the highest estimated percentage of injuries involving a death claim (43%). Death claims arose in30% of trials with a surgeon defendant. The overall win rate for medical malpractice plaintiffs (27%) was about half of that found among plaintiffs in all tort trials (52%).
In many states, the law generally requires that the injured patient provide documentation supporting her allegations from a medical expert. In those situations, the expert must testify that the doctor, hospital or healthcare provider has deviated from accepted medical practice and has caused injury. Some states require that, prior to trial, the patient demonstrate that she has a viable case before a tribunal or panel often composed of doctors, lawyers, judges or combinations of such professionals. Common instances of medical malpractice are:
- Delay in Diagnosis Cancer
- Heart Attacks
- Suicide Cases
- Surgical Malpractice
- Anesthesiologist Malpractice
- Hospital/Institutional Neglect
- Psychiatric Malpractice
- Sexual Abuse/Boundary Violations
- Birth Injuries
- Obstetricians Malpractice
- Nursing Home Negligence
- Plastic Surgery Malpractice
- Negligent Treatment or Care
- Stroke Management
- Prescription Errors
If you have questions regarding a medical malpractice or wrongful death case please fill out our form below. Once you provide us with the necessary information regarding the claim, your free consultation form will be sent to an experienced lawyer for evaluation. That lawyer will review your medical malpractice form in accordance with the site's terms and conditions and may contact you to discuss your case. There is no cost or obligation for this service.
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