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Medical Malpractice Statistics: Frequently Asked Questions

Who regulates the healthcare system?

The government directly and indirectly (through the tort system) regulates the healthcare system.

What is the definition of medical malpractice?

Medical malpractice is a broad term that encompasses any errors that occur in a medical setting.

What are some common medical errors that might result in a medical malpractice claim?

Medical malpractice can occur in many forms, including misdiagnosis of some disease or condition, failure to inform the patient of the risks inherent with a certain procedure or drug ("informed consent"), negligently performing a procedure, and prescribing the wrong drug (either a non-effective drug, one that the patient is allergic to, one that may harm the patient if taken with other already prescribed drugs, or one that may harm the patient due to a preexisting condition).

Who can be held liable for medical malpractice?

Physicians, surgeons, nurses, pharmacists, technicians, hospitals, and managed care organizations including HMOs and PPOs can all be held liable for personal injuries involving medical malpractice.

What is a medical malpractice suit for negligence?

In order to bring a medical malpractice suit for negligence, a person must prove that a medical professional or entity had a duty to treat the patient in a certain manner, failed to do so, and therefore caused that person's injury.

What is an intentional medical malpractice suit?

In order to file an intentional medical malpractice suit, a person must prove that a medical professional or entity purposefully did something or failed to do something with the intent of causing harm to a patient. This is less common than a medical malpractice suit for negligence.

What is informed consent?

Doctors are required to inform the patient of the projected effectiveness of his or her treatment and the possibility of negative side effects or other adverse outcomes. Before a doctor can perform a procedure, prescribe a drug, or take any significant action, he must get the "informed consent" of the patient.

How much revenue was generated by the healthcare industry in 1999?

The healthcare industry generated over $1 trillion dollars in 1999. Hospitals generated over $413 billion dollars, and doctors generated over $190 billion dollars in 1999.

What percentage of hospital patients become victims of medical mistakes?

Approximately 3% of all hospital patients are victims of medical mistakes. A 1999 Recent U.S. Healthcare Industry Survey estimated that between 44,000 and 98,000 patients die each year as a result of medical errors. Of that number, 7,000 patients died as a result of prescription errors or drug dispensing errors.

How many doctors, nurses, and other hospital executives state that they have witnessed major quality of care or medical mistakes?

95% of doctors, 89% of nurses and 82% of hospitals executives surveyed by the Robert Wood Johnson Foundation, a U.S. Healthcare Industry survey company, stated that they had seen major quality of care or witnessed at least some medical mistakes during their careers.

Should I contact an attorney if I have been the victim of medical malpractice?

Perhaps. It may be important for you to contact an attorney who can help you protect your legal rights. Only a licensed attorney can evaluate whether you have a case that is worth pursuing. Keep in mind however that there may be time limits (Statute of Limitations) which affect your ability to sue.

How much does an attorney evaluation cost in these types of cases?

Nothing! Attorneys associated with InjuryBoard.com will evaluate your case free of charge. If a participating attorney agrees to handle your case, you will owe no fees or other costs unless that attorney recovers money for you.

How do I submit my case for a free evaluation?

Simply click on the free Ask an Attorney button and complete the online intake form. An attorney will evaluate your case and respond to you via email.

-- Article Courtesy of InjuryBoard.com

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