--- title: "Shocking Statistics Every Patient Should Know about Medical Malpractice" url: https://callsam.com/blog/shocking-statistics-medical-malpractice/ description: "Medical malpractice is now the third leading cause of death in the U.S., behind cancer and heart disease." lastModified: 2026-10-06 --- # Shocking Statistics Every Patient Should Know about Medical Malpractice Published: July 12, 2021 If a visit to the emergency room or a hospital stay is necessary, we assume the care we receive meets the highest medical and safety standards. We certainly do not expect to end up in worse condition than before we sought treatment. Unfortunately, these expectations are not always fulfilled. In fact, studies suggest that medical malpractice is now the third leading cause of death in the U.S., behind cancer and heart disease, killing at least 250,000 people each year. If you or a loved one is a victim of medical malpractice, hiring a medical malpractice lawyer can help you get compensation. Here is an overview of the most recent medical malpractice statistics. ## What is medical malpractice? Simply put, medical malpractice is defined as any action or failure to act that causes harm or injury to a patient. To prove malpractice, the victim must prove a physician was negligent, and that the negligence caused harm. Four legal elements must exist in order for a medical malpractice case to move forward: - The doctor owed a professional duty to the patient - The physician breached this duty - This breach resulted in harm or injury to the patient - The patient suffered damages, both economic (medical bills and lost wages) and noneconomic (pain and suffering) In most medical malpractice cases, the plaintiff must establish that the physician failed to adhere to the accepted norms that other doctors in the same locale and area of specialization would follow in a similar situation. This usually entails extensive documentation and expert witness testimony from other physicians and/or medical experts. ## Which types of doctors are most frequently sued for malpractice? Surgeons are sued for malpractice more often than doctors in other specialties. According to statistics from the 2019 Medscape Malpractice Report, here are the top ten specialties most often accused of medical malpractice. - General surgery — 85% - Urology — 84% - Otolaryngology — 83% - OB/GYN — 83% - Specialized surgery — 80% - Radiology — 76% - Emergency medicine — 76% - Cardiology — 65% - Gastroenterology — 63% - Anesthesiology — 62% ## Which other kinds of medical practitioners are commonly accused of malpractice? While physicians are the most common defendants in malpractice lawsuits, other kinds of medical practitioners may also be held responsible. Here is a list, in descending order, from the National Practitioner Data Bank: - Physicians (MDs) - Dentists - Physicians (DOs) - Registered nurses - Podiatrists - Physician Assistants - Chiropractors - Pharmacists - Optometrists - Psychologists - Social Workers - Dental Hygienists/Assistants In addition, victims may also file claims against hospitals or other medical facilities for negligence that resulted in harm. ## Which medical conditions are most commonly missed or misdiagnosed? ### Cancer Breast cancer, colon cancer and cervical cancer are frequently misdiagnosed or missed, in addition to pancreatic cancer, mesothelioma and lung cancer, which is often mistaken for tuberculosis (TB) or other respiratory illnesses. ### Infections Strep or staph infections are often missed by doctors, which may cause them to spread and lead to serious or permanent damage. ### Heart attacks without typical symptoms Some heart attacks are misdiagnosed because they are not accompanied by severe chest pain or other common signs. This is especially true for women, whose symptoms are often less obvious. ### Coronary artery disease Some doctors may dismiss symptoms such as shortness of breath without doing a thorough work-up, which can lead to serious illness or even death if heart disease is present. ## Let our experienced legal team start your medical malpractice case today If you or a loved one is the victim of medical malpractice, we can help. Our knowledgeable legal team knows what it takes to hold the responsible parties accountable and win the compensation you and your family deserve. There are strict filing deadlines for medical malpractice cases, so it’s important to contact us immediately. Medical malpractice law is complicated, but finding the right medical malpractice lawyer is simple. Don’t let the legal clock run out. Fill out the brief form below or contact us today for a free, no-obligation consultation. ## Related Posts ### [Medical Malpractice Errors Rise in Hospitals Owned by Private Equity Firms](https://callsam.com/blog/medical-malpractice-rise-private-equity-hospitals/) ### [Sam Bernstein Law Firm Sues Pharmaceutical Companies Over Exorbitant Insulin Costs](https://callsam.com/blog/pharmaceutical-companies-insulin-lawsuit/) ### [Breast Cancer Awareness Month: The Dangers of Misdiagnosis](https://callsam.com/blog/breast-cancer-misdiagnosis-dangers/) ### [Are Restaurants Liable For Neglecting Food Allergies?](https://callsam.com/blog/restaurant-neglect-food-allergies/) ### [What Types of Cancer Are Most Commonly Misdiagnosed? Here’s What Every Patient Should Know](https://callsam.com/blog/commonly-misdiagnosed-cancer/) ### [Medical Malpractice Settlements: Your Questions Answered](https://callsam.com/blog/medical-malpractice-settlements/) ### [What You Should Know About Medication Recalls](https://callsam.com/blog/medication-recall-facts/) ### [The Sam Bernstein Law Firm Mentioned Regarding Michigan Opioid Lawsuit](https://callsam.com/blog/sam-bernstein-law-firm-michigan-opioid-lawsuit/) ### [10 Common Types of Medical Malpractice](https://callsam.com/blog/types-of-medical-malpractice/) ### [Second-Wave Larry Nassar Victims Subjected to Unequal Treatment by MSU](https://callsam.com/blog/larry-nassar-victims/)