You may be surprised at how big a problem U.S. medical malpractice really is.
Each year more than 80,000 people die partially or wholly due to medical malpractice according to a study conducted for New York State and conducted by Harvard University's school of medicine.
Other New Jersey and California-based research confirms these numbers. Rand Corporation also looked into the matter of medical malpractice as a cause of death. They studied autopsies, which led them to the conclusion that 35-40 percent of these deaths were the result of these patients having been misdiagnosed, a potential medical malpractice issue.
This isn't the complete medical malpractice story, however, for two reasons. First, death is not the only outcome of medical malpractice. Other results can be injury such as loss of mobility or limbs and chronic illness. The second problem with looking at these death statistics in regard to medical malpractice is that they are based only on the statistics provided by hospital facilities. Not included in the medical malpractice numbers in any of these reports are the deaths from negligence or misdiagnosis in other medical clinics, the private offices of physicians or any other kind of medical treatment center.
What's surprising in light of these numbers is how few medical malpractice claims are actually filed. In fact, one of the most prestigious medical journals reports that only two percent of victims of medical malpractice actually litigate their problems. Another university medical school disputed the percentage but still claimed only one in eight ever filed a medical malpractice claim, and only half of these ever realize any financial compensation from their lawsuits. The latter study indicates that medical malpractice legalities are cumbersome and not accessible to most.
Medical malpractice insurance, surprisingly, is not a requirement of a physician. Were you to try to achieve financial compensation for medical malpractice through litigation the fact is that if the medical care professional that you are suing has no medical malpractice insurance you are not likely to recover damages. This because medical malpractice decisions involve such vast financial amounts that in general those physicians and other medical care practitioners who have no medical malpractice insurance are not likely to be able to personally provide the money you are awarded. They simply won't have it. We all here about horrible medical malpractice insurance premiums but that is really not the case. These premiums don't actually even account for one percent of the cost of health care. Those who oversee the practice of physicians and other licensed medical care practitioners are not well regulated.
When it comes to disciplining physicians for infractions or errors, they actually chastise one third of one percent. This is about 2000 each year. The usual infractions, rather than medical malpractice, are fraud of a financial nature or substance abuse. Medical malpractice discipline by a license board of any state is a rarity. Usually, you can file a medical malpractice claim within two years of the injury, illness or death occurring. If however, more than two years has passed don't give up - especially if the injury or illness or death is just now being discovered or occurring. You may still have a case that can be heard by the court. You might still want a medical malpractice settlement.
1022
NW Marshall 
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