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MEDICAL MALPRACTICE SETTLEMENT – USA


If the defendant in a clinical negligence case acted unlawfully, the plaintiff is ostensibly entitled to a medical malpractice settlement sufficient to place him in the position that he was in immediately prior to the defendant's negligent act, however some states have passed legislation that limits the maximum amount that an individual can recover. Many of these laws are being challenged in state Supreme Courts and although there may be a cap it may not hold up in court. A medical malpractice settlement awarded in US courts may include both actual losses and punitive damages :

  • Punitive Damages

    In circumstances where the evidence establishes that negligence is the result of behavior that is reckless or is with a conscious disregard to the results of the wrongful acts then an award of punitive damages against the negligent physician may be appropriate.

  • Actual Losses

    If liability is established then compensation is payable for all actual losses that have been suffered by the injured party. A medical malpractice settlement is divided into two categories as follows :

    • Special Damages can be accurately calculated and include past and future loss of earnings, medical expenses for the past and the future and other losses and expenses that have been reasonably incurred.

    • General Damages are difficult to calculate accurately and include physical and emotional pain and suffering, loss of the enjoyment of life and psychological injuries such as depression or post traumatic stress disorder.

The law requires that a person who causes harm to another "takes his victim as he finds him." This means that if the person who was injured was unusually susceptible to injury it does not relieve the defendant from liability to pay damages for any injury that he has caused. The right to recover a medical malpractice settlement is not limited by the fact that injury resulted from aggravation of a pre-existing condition.

Damages payable to family members in a wrongful death lawsuit may include compensation for the loss of ability to earn money to support the family. The claimable losses associated with the death of a family member may also include emotional suffering, injured feelings, grief, loss of companionship, loss of comfort, experience, knowledge and judgment in managing family affairs.

Doctors usually provide a high standard of excellence for their patients however there are occasions when things go wrong. We can get you the best representation available anywhere in the country and our lawyers deal with claims on a contingency basis which means they don’t get paid unless they succeed. If you would like free telephone advice from an expert just complete the contact form.


MEDICAL MALPRACTICE STATISTICS USA


Healthcare professionals usually provide a caring service with a high standard of excellence for their patients however the medical malpractice statistics outlined below show that there are occasions when things go wrong. Negligence occurs when a healthcare professional fails to act with the care, skill and learning of the average prudent reputable member of the medical profession in that particular area of practice. Performance is judged on what others in the same discipline do for their patients who are located in the same geographic area.

  • The median payment for clinical negligence claims averages about $135,000. Approximately one in twenty claims attracts damages in excess of $1million.

  • Less than 1 in 200 doctors face any professional sanctions each year which represents about 3,000 serious disciplinary actions taken in total annually by state medical boards throughout the country.

  • According to current medical malpractice statistics approximately 1% of patients treated in hospitals are injured, and one-quarter of those may have died as a result of clinical negligence which represents almost 250,000 injuries in addition to 80,000 deaths from negligence in American hospitals. Of that number, 7,000 patients died as a result of prescription errors or drug dispensing errors

  • It is estimated that in total over 100,000 US citizens die every year as a result of preventable mistakes by healthcare professionals.

  • The National Practitioner Data Bank indicates that 5% of doctors are responsible for over 50% of claims.

  • Average insurance costs amount to between 3% and 4% of a physician's gross income according to the Medicare Payment Advisory Commission.

  • Approximately 5,000 physicians have paid four or more negligence settlements in the last 10 years and only 15% of those have received any professional sanctions.

  • Only 13% of preventable clinical accidents results in a claim and punitive damages are awarded in less than 1 percent of cases.

  • Insurance costs to physicians have increased at less than half of medical services inflation over the last 10 years.

  • Medical malpractice statistics show that the cost to society is estimated to be between $17 billion and $29 billion whereas the medical insurance premiums paid by healthcare professionals are in the region of $ 7 billion.

  • The healthcare industry generates over $1,000 million dollars every year. Hospitals generate over $400 billion dollars, and doctors generate over $200 billion dollars annually.

  • 95% of doctors, 89% of nurses and 82% of hospitals executives surveyed by the Robert Wood Johnson Foundation, a U.S. Healthcare Industry survey company, stated that they had seen major quality of care or witnessed at least some medical mistakes during their careers.

  • There is no annual growth in the number of new claims.

We are an independent service with access to the top firms of attorneys in the USA. We can help you to get the best representation available anywhere in the country from experts who specialize in clinical negligence compensation claims. We will ensure that there is no guesswork in the choice of your attorney and that your claim is handled by the best person for the job. Your claim will be dealt with on a contingency fees basis which means that your lawyer will not get paid unless he achieves settlement on your behalf. Our attorneys have a client centered approach and will focus entirely on your needs ensuring that you receive a complete professional service from lawyers who understand the particular difficulties of dealing with indemnity insurers. Our totally personal service ensures that you will not be just another medical malpractice statistic - we care.