Reality On Medical Malpractice In The USA Which We Should Be Aware


Medical malpractice has struck thousands of people making life more difficult for them. A study with the Office of Inspector General of the U.S. Department of Health and Human services in 2010, about 1 in 7 Medicare patients in hospitals experience serious medical errors and would you believe that 44% of them could have been prevented. Sadly, those victims of medical malpractice are rarely compensated. Having been treated with incorrect practice and not be compensated is a life crushing trauma.

Furthermore, 4.4% of the civil caseloads are comprised of tort cases, “tort” means a wrongful act or an infringement of a right leading to civil legal liability. With this cases only 2.8% comprise medical negligence cases, a very small number is it not? Few as it is, a 15% decline over the last 10 years happened, definitely got lower.

What is a malpractice payout? This a process in which a victim of medical malpractice is given compensation for. In the year 1992 up to 2003 the total amount of malpractice payouts rose from under $3 billion to $4.8 billion which is fairly good for victims of malpractice but since 2003 it has steadily declined and reaching only about $3.7 billion in 2011, again getting lower.

If we talk about numbers, 98,000 people die nationwide every year because of medical malpractice, imagine how many live were lost just because of negligence on the part of medical health providers that should have done their jobs well enough to cure and not let anyone die because of errors. There are 6 states that represent more than 50% of the total malpractice payouts, California, Florida, New Jersey, Illinois, Pennsylvania and New York. Percentage wise we should know the statistics about the injuries associated with medical negligence claims. There are several types of claims starting with, No Adverse Injury claim with 3%, Major Physical Injury of 15%, 17% is for Minor Physical/Emotional Injury/Breach of Consent, 26% for Deaths and 39% for Significant Physical Injuries.

Speaking of medical malpractice payouts, there are only 38,363 victims of medical malpractice that were given payouts in the year 2004 to 2006 whilst a sad number of 238,337 died because of medical malpractice in those years, and take note that the large number of deaths are errors that could have been prevented. Medical Malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. Negligence by a medical professional can include an error in diagnosis, treatment, or illness management. If such negligence results in injury to a patient, a legal case for medical malpractice can arise against the physician or a hospital.

Bussey and Fouts has a commitment to serving their clients’ individual needs. Their philosophy has always been to work for their clients honorably and with true perseverance. They don’t use paralegals so you know that every part of your case is handled by a senior partner. Serving their clients is not part of a corporate structure, it is part of their principles as people and attorneys. From day one, they have put their focus on the client, not the paycheck.


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