We rely on doctors to keep us healthy, cure our diseases and treat our injuries. If admission to the hospital is necessary, you assume that the care you receive is of high medical and safety standards.
No one expects their condition to worsen than it was before seeking treatment. Unfortunately, these expectations aren’t always met thanks to medical malpractice.
A study by Johns Hopkins Medicine shows that medical malpractice is among the leading causes of death in the U.S., killing up to 250,000 people every year.
Since negligence often goes undocumented, the actual mortality rate could be higher. This post will provide an overview of the most recent medical malpractice statistics. Read on to learn more.
What Is Medical Malpractice
Medical malpractice refers to an act, omission, or medical error made by a medical practitioner during treatment that deviates from the medical community’s standards of practice.
In law, medical malpractice is a part of tort law that deals with professional negligence. In a medical malpractice case, you must prove the doctor was negligent and that this negligence caused you harm.
Four elements must be evident for a medical malpractice case to proceed:
- The physician owed a professional duty to the patient
- The physician breached this duty
- The breach resulted in harm or injury to the patient
- The patient suffered economic and non-economic damages (medical bills, lost wages, pain, and suffering).
Medical malpractice takes different forms, and the most common are diagnostic errors, improper drug prescriptions, wrong-site surgeries, and misreading lab test results.
What Is the Mortality Rate from Medical Malpractice?
After heart disease and cancer, medical malpractice follows as the third leading cause of death in the U.S.
So, what are the statistics of deaths from medical malpractice? Making an accurate estimate of the number of deaths resulting from medical malpractice is more challenging than you think. That’s because medical malpractice often goes either unnoticed or unreported.
But the latest finding from John Hopkins Medicine estimates that up to 250,000 lives are claimed by medical error. This accounts for 9.5 percent of all deaths in the U.S annually.
In contrast, a study by the Journal of the American Medical Association reports that about 225,000 people die from medical malpractice every year. These incidents fall under various subcategories:
- 7,000 deaths from medication errors
- 12,000 deaths from unnecessary surgery
- 20,000 deaths from diagnostic and other types of errors in hospitals
- 80,000 deaths from infections
- 106,000 deaths from non-error, adverse effects of medication
Despite the slight difference in reported data, it’s evident that medical malpractice has a mortality rate of above nine percent.
And it is jaw-dropping to imagine that this number is higher than deaths caused by stroke, accidents, and Alzheimer’s.
What Were the Statistics From 2021?
More than 40 percent of family physicians were named in a malpractice lawsuit in 2021, according to the Medscape Malpractice Report 2021. You may think that this number is significant, but it has decreased by eight percent from where it was two years ago.
Here are the medical malpractice statistics 2021 from the Medscape report:
- 51 percent of physicians had been sued at least once
- The main reasons for medical malpractice claims were failure to diagnose (31%) and treatment complications (29%)
- The main specialties sued most for medical malpractice were plastic and general surgeons (83%), orthopedists (81%), and urologists (80%)
- 83 percent of physicians claimed that the medical malpractice lawsuits were unwarranted
- Sixty-three percent of primary care physicians reported paying less than $20,000 annually for medical malpractice insurance.
- Twenty-four percent of physicians sued for medical malpractice lost trust in their patients.
Apart from human suffering, medical malpractice also has an economical cost. A 2021 study found that medical errors cost the economy up to $20,000 yearly.
Medical Malpractice Statistics by State
There is a huge difference in medical malpractice statistics by state in the U.S with New York taking lead on the list of states with the highest number of medical malpractice records of the decade.
According to the 2018 Medical Malpractice Annual Report, New York had 16,688 medical malpractice reports between 2009 and 2018. The state was followed closely by California and Florida, with 13,157 and 10,788, respectively.
North Dakota showed a sharp contrast, having the lowest number of medical malpractice reports. It had only 126 reports of medical malpractice during this period.
When it comes to medical malpractice payments, New York leads again. New York spends up to $7.025 billion in payments, which is understandable considering its high number of cases. The other states making it to the top five are Pennsylvania, Florida, New Jersey, and California.
Conversely, North Dakota and Texas have some of the lowest medical malpractice payouts per capita. Texas’s per capita payouts on medical malpractice were $3.59 in 2017.
How Many Medical Malpractice Suits Are Filed – And How Many Are Won?
As earlier mentioned, there are 250,000 cases of medical malpractice that result in fatalities annually. Most if not all of these cases are eligible for medical malpractice claims.
Sadly, the number of lawsuits filed for wrongful death based on medical malpractice is relatively low.
Here are the medical malpractice suits statistics:
- Less than 18,000 lawsuits on medical malpractice or negligence are filed each year
- 50 percent of physicians are named in multiple suits, with 30 percent of them paying about $10,000 for medical malpractice insurance annually
- Surgeons are the most likely to get into a malpractice lawsuit, accounting for 85 percent of all cases
- 33 percent of medical lawsuits are associated with delayed diagnosis
- A third of lawsuits take one to two years before settlement; 11 percent last for more than five years.
Apart from the low number of lawsuits filed for medical malpractice, the number of cases won is also demoralizing.
A National Practitioner Data Bank report shows that only 3,046 payments are made for needless deaths involving medical malpractice. That means barely 1.2 percent of deaths resulting from medical malpractice led to payouts.
Moreover, medical malpractice suits constitute a negligible percentage of personal injury trial. Statistics from the National Center for State Courts (NCSC) approve that medical malpractice makes up less than five percent of all personal injury cases currently pending in the U.S.
There’s also been a sharp decline in insurance settlements for medical malpractice. A 2017 study reported that malpractice claim disbursements made by insurers declined by 55 percent between 2009 and 2014.
That tells you how slim the chances of winning a medical malpractice case are!
So, if you intend to file a medical malpractice claim, seek the legal representation of an experienced lawyer to increase your chances of winning.
Final Verdict
Medical malpractices are so rampant in the U.S. The results of medication errors, delayed diagnosis, or other errors can be costly. They can lead to lifelong disability or even death.
If you have been the victim of medical malpractice, you’re entitled to pursue a medical malpractice claim. Filing a lawsuit will help you hold the physician accountable for their negligence and deter others from engaging in similar conduct.
At Legal Giant, we have experienced personal injury attorneys who can help you through the claims process. Contact us today to learn more about your potential claim and your rights.
