Want to learn more about the true impact of medical malpractice in the U.S.? The HARD TRUTH is that doctors and healthcare providers are human. When your health is at stake, every decision is of immense importance... We have incredible healthcare professionals working in the U.S. and in most cases you are in good hands. But... This presentation takes an overview look at the medical malpractice stats. A data driven approach, we are share the common causes, the mistakes and trends in the medical industry. From the perspective of medical malpractice claims tracked, it's not a sure thing when you place your trust in the hospitals and physicians out there. When things go wrong, medical malpractice attorneys are available to hold them accountable, but by then it is too late for the patient. By shining a light on the mistakes, the hope is that we can do better. Please feel free to share the data, and of course let us know what you think if we missed something you feel should be included in the next update.

1. [DATA SNAPSHOT]
Medical Malpractice
Causes. Mistakes. Trends.

2. What Is Considered Medical Malpractice?
• Medical malpractice refers to a
negligent act by a health care
professional that causes an injury to a
patient.

3. Leading Causes in Medical Malpractice
The top causes include:
• Cancer Misdiagnosis or Failure to
Diagnose or a Delay in Diagnosis
• Negligent Procedures or Surgical
Errors
• Medication Errors Resulting from
Negligent Drug Treatment
• Birth Injury Malpractice or Negligent
Maternity Care Practice

4. Types of Errors & Medical Malpractice
Types of Errors Following IOM (Institute of Medicine) Approach
Types of Errors Examples
Diagnostic • Error or delay in diagnosis
• Failure to employ indicated tests
• Use of outmoded tests or therapy
• Failure to act on results of monitoring
or testing
Treatment • Error in performance of an operation,
procedure, or test
• Error in administrating treatment
• Error in the dose or method of usig a
drug
• Avoidable delay in treatment

5. Types of Errors & Medical Malpractice
Types of Errors Following IOM (Institute of Medicine) Approach
Types of Errors Examples
Preventive • Failure to provide prophylactic
treatment
• Inadequate monitoring or follow-up of
treatment
Other • Failure of communication
• Equipment failure
• Other system failure

6. According to studies conducted by the
Institute of Medicine (IOM):
• one in five medical errors are
potentially serious or fatal
Medical Malpractice & Healthcare
Related Mistakes
Source: ncbi.nim.nih.gov

7. According to the Institute of Medicine report on healthcare
safety, “To Err is Human” published in the Journal of Health &
Life Sciences Law
Fatal Medical Errors & Medication
Caused Deaths
Source: ncbi.nim.nih.gov

8. Medication errors cause at least:
• one DEATH every day
• INJURES approximately 1.3
million people annually in the
United States
Fatal Medical Errors & Medication
Caused Deaths
Source: fda.gov

9. ADEs (adverse drug events) account for:
• nearly 700,000 emergency
department visits and 100,000
hospitalizations each year
Fatal Medical Errors & Medication
Caused Deaths
Source: Agency for Healthcare Research and Quality

10. medical death rate data from 2000 to 2008
Fatal Medical Errors & Medication
Caused Deaths
Source: hopkinsmedicine.org

11. Primary Injury in Medical Malpractice
22%
8%
5% 5% 5%
4% 4%
3% 3% 3% 3% 3%
2% 2% 2%
0%
5%
10%
15%
20%
25%
Source: Court Statistics Project
Medical Malpractice & Healthcare
Related Mistakes

12. Most common reasons for medical
malpractice claims:
• 34% - Surgery Errors
• 46% - Diagnosis Errors
Source: Journal of the American Medical Association
Leading Reasons in Medical
Malpractice Claims

13. Medical malpractice trials were brought
against:
• Surgeons ≈ 50%,
• Nonsurgeons ≈ 30%,
• Dentists ≈ 5%.
Source: U.S. Department of Justice
Trends In Medical Malpractice Cases

14. Leading Errors in Medical Malpractice
Most common errors:
• Misdiagnosis or Delayed Diagnosis
• Childbirth Injuries
• Medication Errors
• Anesthesia Errors
• Surgery Errors

15. Medical Malpractice & Diagnosis Errors
(Studies)
Studies Findings
Johns Hopkins researchers reported Diagnosis errors account for 160,000 deaths
annually in the USA
According to a HealthGrades Patient Safety
In Hospitals Study
About 195,000 patients in the U.S. die from
preventable in-hospital medical errors each
year
David Newman-Toker, M.D., Ph.D., and
Peter Pronovost, M.D., Ph.D., report
Misdiagnosis accounts for an estimated
40,000 to 80,000 hospital deaths per year
Source: hopkinsmedicine.org

16. Medical Malpractice & Diagnosis Errors
(Studies)
Studies Findings
As far back as 1991, the Harvard Medical
Practice Study found
Misdiagnosis accounted for 14% of all
adverse events and that 75% of these errors
involved negligence
2009, federal Agency for Healthcare
Research and Quality found
28% of 583 diagnostic mistakes reported
anonymously by doctors were life-
threatening or had resulted in death or
permanent disability
David Newman-Toker, M.D., Ph.D., and
Peter Pronovost, M.D., Ph.D., report
Tort claims for diagnostic errors defined as
diagnoses that are missed, wrong or
delayed — are nearly twice as common as
claims for medication errors
Source: National Center for Policy Analysis

17. Anesthesia errors that can occur during
surgery include:
• Giving too much anesthesia
• Failing to monitor the patient's vital
signs
• Improperly intubating patients
• Using defective equipment
Medical Malpractice & Anesthesia Errors

18. Medical Malpractice & Surgery Errors
(Studies)
Studies Findings
The Harvard Medical Practice Study 47% of adverse events from over 30,000
charts were associated with an operation,
with wound infections and technical
complications (the two most common
surgery-related adverse events)
According to Marty Makary, M.D., M.P.H.,
an associate professor of surgery at the
Johns Hopkins University School of
Medicine
Around 4,044 “never events” (events that
should never occur in surgery) occur
annually in the U.S.
Source: ncbi.nlm.nih.gov

19. Medical Malpractice & Medication Errors
(Studies)
Studies Findings
A study carried out by Bates et al. • 42% events classified as life-threatening
or serious, were preventable
• The medication errors were associated
with the use of analgesics, antibiotics,
sedatives, cardiovascular drugs &
anticoagulants.
A study carried out by Rolland P. • Wrong drug & wrong patient combined
for 67.1% of the reported errors
Source: “Medical Errors and Clinical Risk Management: State of The Art”

20. According to the Johns Hopkins University
School of Medicine data:
• During 20 years were counted
9,744 paid malpractice claims
which cost over $1.3 billion
Source: Source: Medical News Today
Cost of Medical Malpractice Claims

21. Based on analysis of 459 adverse events,
Thomas et al. estimated:
• The total cost (lost income, lost
household production, disability,
health care cost) = $662M
• Of which health care cost =
$348M
• $159M of $348M were
preventable
Cost of Medical Malpractice Claims
Source: ncbi.nlm.nih.gov

22. Based on analysis of 459 adverse events,
Thomas et al. estimated:
• The national cost of adverse
events = $37.6 billion
• The cost of preventable adverse
events = $17 billion
Cost of Medical Malpractice Claims
Source: ncbi.nlm.nih.gov

23. Damage Awards & Injuries
Source: Court Statistics Project
Median Award by Case Type and Primary Injury Claimed, Plaintiff Wins
Injury Median Award
Paralysis or amputation $2,269,034
Any neck/back injury or pain $1,295,708
Cancer $1,295,708
Death $1,000,000
Other/unknown limb injury $886,549
Brain or head injury $812,589
Organ damage/infection $492,500
Soft tissue $450,128

24. Damage Awards & Injuries
Source: Court Statistics Project
Median Award by Case Type and Primary Injury Claimed, Plaintiff Wins
Injury Median Award
Chronic pain $312,843
Burns, lacerations, skin infection $250,000
Fracture $231,447
Nerve damage, no paralysis $226,505
Loss of sight/hearing $150,000
Facial/mouth injury $91,500
Other injury $275,009
Unknown injury $591,893

25. Examples of verdicts of medical
malpractice:
• $178 million awarded by a jury
in Jacksonville, Florida, 2012 -
severe complications, including
brain damage, after gastric
bypass surgery
Notable Jury Verdicts of Medical
Malpractice

26. Examples of verdicts of medical
malpractice:
• $144 million awarded by a jury
in Cooperstown, New York, 2012
- hospital physicians caused
severe damage to heart
Notable Jury Verdicts of Medical
Malpractice

27. Examples of verdicts of medical
malpractice:
• $64.3 million awarded by a jury
in Brooklyn, New York, 2014 -
amputation of both legs,
allegedly as a result of negligent
surgery
Notable Jury Verdicts of Medical
Malpractice

28. Examples of verdicts of medical
malpractice:
• $55 million awarded by a jury in
Leigh County, Pennsylvania,2013
- child suffered brain damage
during delivery
Mega-Jury Verdicts of Medical
Malpractice

29. So, What Now?

30. Considering suing for compensation?
Connect with a qualified lawsuit attorney who will make
sure you are aware of your legal rights, and ensure your
voice and needs are not ignored.
www.LawsuitLegal.com
Connecting people with legitimate legal claims to attorneys
nationwide who can help, Lawsuit Legal makes it simple and
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