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Medical Malpractice

What is Medical Malpractice?

What is Medical Malpractice?

What is Medical Malpractice?

Medical malpractice is caused by the failure of a doctor/health care professional or a health care facility – such as a hospital, nursing home, medical testing facility or clinic – to meet the standard of what constitutes good medical practice in the areas in which the medical professional or facility specialize. If good medical standards are not met, a patient may be harmed as a result, and the medical professional or facility may be held liable for any resulting damages and injuries, some of which can result in lifelong medical bills, loss of income or even death.

Just How Common is Medical Malpractice?

Data shows there is a need for greater public education about medical malpractice, particularly regarding its prevalence. According to a 2004 Kaiser Family Foundation survey, over half of the survey’s respondents (57%) indicated that they were not sure what the term “medical error” meant or that they had never heard the term before. Asked how many Americans die each year as a result of preventable medical errors, again nearly half (49%) responded that they believed the figure was less than 5,000, 18% said 50,000 and 14% pegged the figure at more than 100,000.

In truth, over 225,000 people die annually due to medical malpractice, with nearly half of the deaths occurring in hospital emergency rooms, according to an article published in the Journal of the American Medical Association (JAMA). Medical malpractice has become the third leading cause of death in the United States. Additionally, a Harvard Medical School study found that over 5% of all hospital patients were injured due to medical malpractice.

While instances of medical malpractice are staggering, relatively few claims are actually filed. The Harvard Medical Practice Study found that only one in eight patients that suffers due to medical malpractice ever files a lawsuit, and concluded that medical malpractice is not accessible enough for its victims, including in the case of birth injuries as well as other instances of negligence. But still, taking legal action in cases of medical malpractice is encouraged. For one thing, no one should suffer from the abuse or negligence of another, even if they are a physician. But there is a larger issue at stake; by holding these professionals accountable for their mistakes, it will likely serve as a reminder that they should be ever vigilant. Exercising your legal rights, when the time is right, can help to make doctors and other health care professionals better at what they do – or at least more careful about committing medical malpractice.

Medical Malpractice Victims - Legal Help

Having been successful at representing and obtaining compensation for medical malpractice victims, Parker Waichman LLP urges you to contact us by completing the form at the right or call us at 1-800-YOURLAWYER (1-800-968-7529) if you feel that you or a loved have been injured by medical error or negligence.


Medical Malpractice NewsRSS Feed

Jury Awards California Woman Nearly $10 Million for Injury in Hemorrhoid Surgery

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A California state jury has awarded nearly $10 million to a woman injured by a defective hemorrhoid stapler during surgery. The judgment was...

Nurse at California Hospital May Have Exposed More than a Thousand People to Tuberculosis

Dec 15, 2015
The Santa Clara Valley Medical Center in San Jose, California says that more than one thousand people, including 350 infants, may have been exposed...

Nurse Giving Flu Shots at New Jersey Company Accused of Reusing Syringes

Oct 12, 2015
A nurse administering flu shots to employees at a New Jersey pharmaceutical company has been accused of reusing syringes. The state Attorney...

Don't Confuse Brintellix with Brilinta, FDA Warns

Aug 4, 2015
The U.S. Food and Drug Administration (FDA) is warning that some doctors and pharmacies are mixing up two drugs with similar names but different...

Federal Investigation of Infant Deaths Following Open Heart Surgeries

Jun 8, 2015
The federal Centers for Medicare & Medicaid Services has launched an investigation into deaths of babies following open heart surgeries at St....

Surgical Death Rate for Infants Often Not Disclosed

Jun 5, 2015
The rate of death among children undergoing heart surgery is not disclosed in many hospitals performing such procedures. According to a review...

U.S. Supreme Court Declines to Hear Appeal of New York Anti-Subrogation Case

Mar 3, 2015
On February 23, 2015, the U.S. Supreme Court declined to hear an appeal in Wurtz v. Rawlings Co., LLC, 2014 WL 3746801, Second Circuit 2014. This...

FDA is Aware of Fraudulent Clinical Trials Hidden from Public

Feb 17, 2015
The U.S. Food and Drug Administration (FDA) is aware of faulty clinical trials, but a recent investigative report shows that this information was...

Dozens of Patients Given Nonsterile Simulated Saline FDA Says

Jan 19, 2015
More than 40 patients received infusions of simulated saline that were not sterile or intended for human use, the U.S. Food and Drug Administration...

Staten Island Hospitals Narrowly Escape Federal Penalties for High Rates of Infections, Complications

Jan 7, 2015
Staten Island's two hospitals scored just high enough in ratings of patient infections, complications and injuries to avoid federal penalties...

Are Doctors Performing more C-Sections Due to Fear of Malpractice Suits?

Jun 18, 2014
Even when a vaginal delivery is possible and sometimes safer, some doctors are choosing to perform cesarean sections to avoid a potential medical...

Erb's Palsy Often the Result of Birth Injury

Jun 12, 2014
Erb's Palsy, the weakness or paralysis of the arm, is usually the result of a birth injury to the brachial plexus, the network of nerves near the...
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