We rely on our doctors to help keep us healthy, cure our illnesses and treat our injuries. 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, according to a study at Johns Hopkins Medicine, 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. What’s more, because negligence is not typically documented on death certificates, experts believe this is a conservative estimate. To commemorate national Medical Malpractice Awareness Month, here is an overview of the most recent medical malpractice statistics.

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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.

What are the Leading Causes of Medical Malpractice Lawsuits?

Here are the most common reasons plaintiffs file malpractice claims:

Diagnostic errors, including misdiagnosis or delayed diagnosis
- 33%
Surgical errors or complications from surgery or related treatment
- 23%
Poor outcomes/disease progression
- 26%
Treatment mistakes, including failing to treat or delayed treatment
- 18%
Wrongful death
- 16%
Abnormal injuries attributed to medical care
- 11%
Obstetric errors, including birth injuries
- 10%
Medication errors
- 10%
Poor documentation of patient instructions or education
- 4%
Failure to follow safety procedures
- 2%
Improper or absence of informed consent
- 1%

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.

More Medical Malpractice Statistics

41% of people in the U.S. claim they have been the victims of medical malpractice
Only about 2% of medical malpractice victims file claims against the responsible party
The average age of plaintiffs who file medical malpractice lawsuits is 42
99% of all physicians face at least one medical malpractice lawsuit by age 65
Half of all malpractice lawsuits involve two or more medical practitioners
Specialists (62%) are sued more often than primary care doctors (52%).
52% of physicians were shocked at being sued for medical malpractice
Most medical malpractice lawsuits are resolved within one or two years, while some cases take up to five years

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 call 1-800-CALL-SAM today for a free, no-obligation remote consultation from the comfort and safety of your home.

Do You Have a Case?

Shocking Statistics Every Patient Should Know about Medical Malpractice

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