Study: Five Most Common Medical Malpractice Lawsuits
Posted on May 28, 2014 4:28pm PDT
Just last month, research published in JAMA Internal Medicine showed the primary reasons that internal medicine doctors are sued for medical malpractice. To come up with these numbers, they chose 33,747 completed medical malpractice claims to scrutinize, using information from the Physician Insurers Association of America from 1985 to 2009. (The term "internal medicine physicians" simply refers to physicians who diagnose and treat adults.)
Looking through this body of information, researchers came up with several of the main reasons malpractice lawsuits are filed, and more intriguing still, their success rates and median (not average) settlement amounts. Here are the top five types of claims their research uncovered:
- Misdiagnosis: Plaintiffs were paid in 33.8 percent of cases, and the median payment was $183,300.
- Lack of implied consent, faulty equipment, etc. (nonmedical mistakes): Plaintiffs were paid in 4.8 percent of cases, and the median payment was $114,150.
- Mistake in carrying out a procedure: Plaintiffs were paid in 28.3 percent of cases, and the median payment was $103,203.
- Failure to supervise nurses, or failure to monitor patients: Plaintiffs were paid in 31.1 percent of cases, and the median payment was $141,875.
- Mistakes in medication: Plaintiffs were paid in 29.2 percent of cases, and the median payment was $89,600.
Other forms of malpractice that were examined in this study included:
- Failure to explain conditions or procedures to patient
- Performing a needless procedure
- Failing to perform a necessary procedure
Of course, not every error is malpractice, but when a medical professional was negligent (unreasonably incompetent), and this caused injury, you could have grounds to file a claim. But unfortunately, a strong case is not its own, automatically successful argument. You have to find an incredibly talented and passionate attorney, someone who is able to get the results you deserve. Start looking for the medical malpractice attorney you need today to find out if you have a case!