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The Most Common Medical Errors and Forms of Malpractice

Did you know that approximately 10% of the deaths that occur in the United States happen as a result of medical malpractice? It happens more than you think! One of the more common types of medical malpractice cases involves misdiagnosed conditions, such as infections, heart attack, heart disease, blood clots, or tumors. From 2009 to […]

Did you know that approximately 10% of the deaths that occur in the United States happen as a result of medical malpractice? It happens more than you think! One of the more common types of medical malpractice cases involves misdiagnosed conditions, such as infections, heart attack, heart disease, blood clots, or tumors.

From 2009 to 2018 alone in the United States, the average number of medical malpractice cases reported each year was 12,414. In fact, it’s estimated that more than a quarter of a million people in the United States die each year due to medical errors, making medical malpractice the third leading cause of death in America.

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The Most Common Medical Errors and Forms of Malpractice

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Types of Medical Malpractice

Misdiagnosed Conditions

  • Infection
  • Heart attack
  • Heart disease
  • Blood clots
  • Tumors

Medication Errors

  • Wrong medication
  • Incorrect dosage
  • Failure to notice harm from drugs

Surgical Errors

  • Performing the wrong operation
  • Damaging nerves during surgeries
  • Failure to control bleeding
  • Performing an unneeded operation
  • Knowingly using defective equipment
  • Leaving surgical equipment inside the patient

Pregnancy and Childbirth Errors

  • Nerve injuries to the baby during delivery
  • Surgical errors during C-section delivery
  • Failure to stop very long labor
  • Failure to monitor or recognize gestational diabetes
  • Misdiagnosis of placental abnormalities

Medical Malpractice Total Payouts by State, 2009-18

  1. New York: $7,025,400,000
  2. Pennsylvania: $3,416,200,000
  3. Florida: $2,488,100,000
  4. New Jersey: $2,479,100,000
  5. California: $2,453,200,000
  6. Illinois: $2,291,100,000
  7. Massachusetts: $1,612,200,000
  8. Georgia: $1,097,800,000
  9. Maryland: $993,110,000
  10. Texas: $945,920,000
  11. Ohio: $796,870,000
  12. Connecticut: $746,630,000
  13. Arizona: $703,470,000
  14. Michigan: $697,320,000
  15. Virginia: $694,870,000
  16. Indiana: $638,460,000
  17. Missouri: $631,110,000
  18. Washington: $610,170,000
  19. Louisiana: $605,480,000
  20. North Carolina: $461,110,000
  21. Tennessee: $454,760,000
  22. Colorado: $424,120,000
  23. Oregon: $423,540,000
  24. Kentucky: $408,940,000
  25. Oklahoma: $393,040,000
  26. South Carolina: $364,850,000
  27. New Mexico: $329,160,000
  28. Minnesota: $314,280,000
  29. West Virginia: $297,080,000
  30. Alabama: $273,560,000
  31. Kansas: $258,620,000
  32. Rhode Island: $243,420,000
  33. Iowa: $241,040,000
  34. Wisconsin: $240,440,000
  35. New Hampshire: $238,430,000
  36. Utah: $236,600,000
  37. Nevada: $207,350,000
  38. Arkansas: $204,610,000
  39. Maine: $196,180,000
  40. Mississippi: $181,300,000
  41. Hawaii: $139,930,000
  42. Nebraska: $135,300,000
  43. Idaho: $120,320,000
  44. Montana: $119,690,000
  45. Delaware: $103,350,000
  46. Alaska: $76,120,000
  47. South Dakota: $60,190,000
  48. Wyoming: $51,930,000
  49. Vermont: $44,740,000
  50. North Dakota: $28,350,000

Where Were the Most Malpractice Cases?

From 2009 through 2018, the most medical malpractice cases occurred in New York, which had 16,688 reported cases. Following the Empire State were California (13,157) and Florida (10,788). The lowest number of medical malpractice cases was reported in North Dakota, which had 126 in total during this time period.

Which Practitioners Have the Most Claims Made Against Them?

During this same time frame, some occupations in the medical field had it more difficult than others when it came to the number of medical malpractice reports. These ten occupations had more reports to deal with than any others from 2009 through 2018:

  • Physician (MD): 85,938 reports
  • Dentist: 14,510 reports
  • Physician (DO): 7,343 reports
  • Nurse (registered nurse): 3,466 reports
  • Nurse (advanced practice nurse): 3,036 reports
  • Podiatrist: 2,416 reports
  • Physician assistant: 1,801 reports
  • Chiropractor: 1,699 reports
  • Therapist/counselor: 613 reports
  • Pharmacist: 533 reports

Here are some other facts to know about medical malpractice cases:

  • By the age of 65, it’s estimated that 99% of physicians will face at least one medical malpractice lawsuit.
  • Most medical malpractice cases take two years to resolve, according to a 2017 study.
  • The average physician spends more than 10% of their career dealing with litigation.
  • Since 2009, more than $38 billion has been paid out to victims of medical malpractice.
  • From 2009 to 2018, the average payout for medical malpractice claims was $309,908.

Parker Waichman also specializes in cerebral palsy malpractice and Steven Johnson syndrome injury lawsuits.

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