Medical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury to the patient. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice. Call our New York Medical Malpractice Lawyers today at 1-800-Now-Hurt. A 2004 study of medical malpractice claims in the United States examining primary care malpractice found that though incidence of negligence in hospitals produced a greater proportion of severe outcomes, the total number of errors and deaths due to errors were greater for outpatient settings. No single medical condition was associated with more than five percent of all negligence claims, and one-third of all claims were the result of misdiagnosis. A recent study by Healthgrades found that an average of 195,000 hospital deaths in each of the years 2000, 2001 and 2002 in the U.S. were due to potentially preventable medical errors. Researchers examined 37 million patient records and applied the mortality and economic impact models developed by Dr. Chunliu Zhan and Dr. Marlene R. Miller in a study published in the Journal of the American Medical Association (JAMA) in October 2003. The Zhan and Miller study supported the Institute of Medicine’s (IOM) 1999 report conclusion, which found that medical errors caused up to 98,000 deaths annually and should be considered a national epidemic.
A 2006 follow-up to the 1999 Institute of Medicine of the National Academies study found that medication errors are among the most common medical mistakes, harming at least 1.5 million people every year. According to the study, 400,000 preventable drug-related injuries occur each year in hospitals, 800,000 in long-term care settings, and roughly 530,000 among Medicare recipients in outpatient clinics. The report stated that these are likely to be conservative estimates. In 2000 alone, the extra medical costs incurred by preventable drug related injuries approximated $887 million – and the study looked only at injuries sustained by Medicare recipients, a subset of clinic visitors. None of these figures take into account lost wages and productivity or other costs.
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We recently obtained the largest personal injury settlement in New York State history
$14.8 MILLION settlement (with a total payout of over $43 Million) to a uniformed police officer who was injured while driving an ATV on patrol at the beach.
Multi million dollar CONFIDENTIAL verdict (highest in the county) for a young child injured at birth in NORTH CAROLINA
$12.5 MILLION settlement in a disability case against Met Life for a corporate executive who was denied disability benefits
$4.7 MILLION settlement for an elderly Pastor injured through medical malpractice
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Misdiagnosis and Failure to Diagnose Illness
Surgical Errors and Anesthesia Errors
incorrect medications, incorrect doses or combinations of medications, allergies. Medication errors also occur when the
pharmacies or pharmacists filling a prescription give patients the wrong medicines.
The pressure HMOs exert on doctors, surgeons, and medical professionals to work
longer hours with less support, more patients and cases. While these conditions save hospitals and insurance companies money, they don’t bode well for the typical patient in need of high quality medical care.
During surgeries in operating rooms, maintaining a clean and sterile environment at all
times is critical to preventing infection. The human body’s internal organs are extremely susceptible to infection...
The most common cases of misdiagnosis occur when costly
medical tests are skipped or when data from test results is overlooked or misdiagnosed as a less serious condition than it truly is.
Experienced New York Medical Malpractice Lawyers
Daniel P. Buttafuoco, Esq
voted Best of LI '07, '08, '09 & '10
Medical Malpractice Suits Against Physicians
In suits against the physicians, medical malpractice most commonly occurs under the following circumstances:
1- The physician delayed diagnosis of a medical condition, or failed to diagnosis the patient's medical condition altogether.
2- The physician properly made the correct diagnosis, and then failed to properly treat the medical condition properly.
3- The physician failed to perform a surgical procedure properly.
4- The physician fails to obtain the informed consent of the patient before performing a procedure or operation.