Seeking a Medical Malpractice Lawyer
According to the Institute of Medicine, between 44,000 and 98,000 Americans die each year as a result of preventable medical errors, resulting in an annual cost to society in excess of $17 billion (Institute of Medicine, To Err Is Human: Building a Safer Health System, 2000). In contrast, the amount doctors and other health care associations spent on medical malpractice insurance in 2000 was only $6.4 billion - at least three times less than the cost of doctor's errors. One out of every 20 doctors, or 5% of the total number of practicing physicians, are responsible for over 54% of medical malpractice claims (National Practitioner Data Bank, 9/1/1990 - 9/30/2002). Additionally, a RAND Corporation study regarding health care quality of patients in autopsy showed that between 35% and 40% of deaths were the result of missed diagnoses (Study conducted by Mark A. Schuster, M.D., Ph.D., Elizabeth A. McGlynn, Ph.D, and Robert H. Brook, M.D., Sc.D). If you are assessing possible medical malpractice, a consultation with a medical malpractice attorney or personal injury lawyer can be of enormous value in judging the merits of your case.
A malpractice attorney understands malpractice is one of the leading causes of injuries in the United States, yet most victims of medical malpractice do not sue their doctors in medical malpractice cases (Tom Baker, Research on Medical Malpractice: Implications for Tort Reform in Connecticut, 1/2/2003). This is likely because only 23% of medical malpractice victims who have their cases heard before juries win their case (http://www.citizen.org). The laws concerning medical malpractice are complex; still medical malpractice cases can provide compensation for victims of medical negligence.
What is Medical Malpractice?
The current Code of Medical Ethics of the American Medical Association states: "A physician shall, while caring for a patient, regard responsibility to the patient as paramount." Medical malpractice occurs when a negligent act or omission of action causes damage or injury to a patient. If you suspect a doctor or other medical provider caused your personal injury, you may consider making a medical malpractice claim.
Recoverable Damages
Among the damages an injured person may recover for medical malpractice are:
- lost earning capacity
- reasonable medical expenses
- permanent impairment
- pain and suffering
These damages can include both present and future expected losses.
Nonpecuniary or noneconomic damages do not relate to a fixed amount of compensation. An hourly wage paid for a particular type of employment or the actual cash value of a person's property would be examples of pecuniary damages.
Compensation for "pain and suffering" is an example of nonpecuniary damages. Because insurers consider nonpecuniary damages to be a very subjective measure, they have sought to introduce legal limits on them, in effect "capping" the amount a lawyer may demand. These legal limits can seriously affect your ability to make an effective medical malpractice claim. A personal injury lawyer familiar with the aims and practices of insurance companies and medical providers can best advise you on how to proceed.
Contact us now about your medical malpractice question
Please fill out the following details, including a brief description of the nature of your medical malpractice question. Once we receive your information, we will route your inquiry to our legal team and every effort will be made to contact you within one business day for a free conversation about your case. You will never be obligated to hire our law firm. For specific office information, please click the “Office Locations” link at the top of this page or call us anytime, toll-free, at 1-800-220-7321.
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