Medical Malpractice Statistics 2022
By Ben Gobel on December 9, 2022
What is Medical Malpractice?
Medical malpractice occurs when a medical or healthcare professional deviates from the professional standards of care, resulting in injury or harm to the patient. When someone sees a doctor, they have the right to be treated with care and diligence. If you have been injured due to the negligent acts or medical errors of a healthcare provider, then under the law, you may be eligible to file a medical malpractice lawsuit to receive financial compensation.
How Do You Know If You Have A Medical Malpractice Claim?
You might be a victim of medical malpractice if you were injured or harmed while receiving treatment from a licensed healthcare professional. Medical malpractice lawsuits must show the elements:
- There was a duty of care owed to the patient
- There was a breach of this duty of care
- The breach of duty directly caused injury or harm to the patient
Proving all the elements is essential to a successful malpractice claim. If you believe you or a loved one may be eligible for compensation, do not hesitate to contact a reputable personal injury attorney to help establish your claim.
Common Medical Malpractice Issues
Medical malpractice can occur in many different ways. It can be something a medical professional did wrong or something they failed to do. Examples of medical malpractice include:
- Delayed diagnosis or misdiagnosis
- Medications errors, including being prescribed the wrong medication or wrong dosage of medication
- Anesthesia errors
- Surgical errors or unnecessary surgery
- Product liability
- Foreign objects
- Birth Injuries or Obstetristics related error
- Physician or hospital negligence
Medical malpractice can result in serious injury, pain, and even death. If you or a loved one has been injured under the care of a medical professional, consider filing a personal injury suit to receive compensation for the harm suffered. Do not delay, as Pennsylvania law only allows a medical malpractice case to be filed within two years of the discovery of the medical negligence. If you wait too long, you can be ineligible from ever filing a suit.
Medical Malpractice is Among the Leading Causes of Death in the United States
You are not alone if you are a victim of medical error. Unfortunately, medical malpractice is a leading cause of death in the United States. Statistics show that medical errors and accidents are the third leading cause of death, only behind heart disease and cancer. Medical malpractice lawsuits are frequently filed by victims who were compensated for the negligent medical care they received.
A common perception is that medical doctors are some of the smartest and most educated members of our society. While it is true that professions in the medical industry require much diligence, education, and training, it is also true that mistakes are committed by people in all occupations. Nobody is perfect, and even the most skillful doctor can make a mistake and end up as a party in a malpractice claim. The number of medical malpractice suits each year shows that medical mistakes are much more common than people think.
Statistics Regarding the Number of Medical Malpractice Lawsuits
Medical malpractice statistics are quite shocking and disturbing. There are an estimated 250,000 deaths due to medical errors every year. However, the actual number may probably be even higher as malpractice is often under-recognized or not reported. About 85,000 lawsuits are filed against medical professionals across the country every year.
Medical Malpractice Settlement Statistics
The overwhelming majority of medical malpractice claims end in a settlement. In fact, only a single-digit percentage of claims will ever end up going to trial. Usually, both the claimant and the medical malpractice insurance company will prefer to enter a settlement agreement and avoid trial. It will save a lot of time, money, and aggravation on both sides.
According to the National Practitioner Data Bank, the average medical malpractice settlement was over $337,000 in 2017. The National Practitioner Data Bank also reveals that the average payout in Pennsylvania was over $385,000. Of course, the settlement amount will vary depending on the merits of a case. It is important to note that the small percentage of malpractice claims that go on to a successful trial usually end up with higher paid claims than negotiated settlements. Statistics show that medical malpractice payouts in 2022 averaged around $679,000 for lawsuits.
Whether or not you should accept a settlement or take a case to trial depends on various factors. Medical malpractice payments depend on putting forth the best evidence to prove your injury. Contact the law firm of Ogg, Murphy & Perkosky today to learn more about medical malpractice payments. Our firm can help determine the best course of action for your situation to achieve the highest amount of compensation.
How to File a Medical Malpractice Claim
Anyone can be a victim of medical malpractice. It is the third leading cause of death and affects all ages, races, genders, and socio-economic classes. Medical errors cost thousands of people their lives each year. Unfortunately, preventable medical errors make up a large number of personal injury cases nationwide.
Medical malpractice claims are litigated at the civil level at the state courts. Anyone who wants to file a medical malpractice suit can fill out the paperwork and the required filing fee at their local county courthouse. A person can file the lawsuit themselves and go “pro se.” which means without a lawyer. However, it is always recommended to be represented by knowledgeable and experienced legal counsel who are able to fight for your best interests. There are a lot of rules and regulations required in medical malpractice lawsuits, and it is smart to have a competent attorney who can make sure everything is done correctly.
Who Can you File a Medical Malpractice Lawsuit Against?
If you have suffered injury or illness after receiving medical treatment, you may be eligible to file a malpractice claim against the party responsible for the injury. A person can file a medical malpractice case against any of the parties that were responsible for the harm, including:
- Physician’s assistants
- Nursing homes
- Health care clinics
If you have been the unfortunate victim of medical malpractice, you may feel very frustrated. You might have many adverse effects and be in a lot of physical pain. Your emotional health and happiness could be in tatters. In some cases, injured patients may even be permanently disabled. Luckily, there is still hope after all you have been through. Medical malpractice law allows malpractice victims to sue healthcare providers for errors that injure or harm. Medical malpractice payouts can greatly help improve your condition and help to restore your quality of life.
Wrongful Death Claims
Medical malpractice and medical mistakes account for thousands of preventable deaths each year. In these cases, surviving family members may be eligible to file a wrongful death lawsuit. If you have lost a loved one due to medical negligence or malpractice, you may be eligible to file a lawsuit. Contact Ogg, Murphy & Perkosky today to learn more about receiving financial compensation for wrongful death.
Contact a Medical Malpractice Attorney to Handle your Case
Do not lose hope if you have been the victim of medical malpractice. The Pittsburgh, Pennsylvania medical malpractice law firm of Ogg, Murphy & Perkosky has the knowledge and experience needed to obtain the justice that you deserve for your claim. We are fully prepared to take on a legal case at any stage of the process. Our personal injury attorneys will work tirelessly to obtain financial compensation for your injury, whether that is in the form of a settlement or a successful jury verdict. We can help you and your family find some peace and resolution. Contact our certified specialists at (412) 502-8504 for a free initial consultation.