Medical Malpractice Statistics

Medical errors resulting from malpractice claim the lives of more auto accident, breast cancer or AIDS victims each year, making it the third leading cause of death in the United States. It has been estimated that over 80,000 people die each year due to medical malpractice—including 13,500 deaths from unnecessary surgery, 8,000 deaths from medication errors, and 22,000 deaths from various hospital errors. Further, medical malpractice is not left to the hospital room. Statistics show that 6-10% of psychiatrists surveyed confess to performing malpractice, such as engaging in sexual contact with a patient. Although approximately only half of Oklahoma medical malpractice victims who file a claim will receive compensation, the national cost regarding disability and health care costs, lost income, lost household production and the personal costs attributed to medical malpractice are estimated to be between $18 and $30 billion annually.

Types of Medical Malpractice

Medical malpractice can include failure to diagnose a disease or medical condition, misdiagnosis of a disease or medical condition, failure to administer necessary tests, medication errors, surgical errors -- including amputation errors, pre-operational and post-operational negligence, emergency room negligence, anesthesia errors, birth injuries, and dental negligence.

Types of Injuries Suffered

Medical malpractice injuries can include brain damage, cerebral palsy or brachial plexus due to birth negligence, scarring, disfigurement, loss of vision, loss of hearing, paralysis, infection, wrongful amputation, coma, and wrongful death of a patient.

Types of Damages Available for Medical Malpractice Victims

Types of medical malpractice damages available include medical expenses for treating the injuries caused by malpractice, lost wages, future wages if the victim is no longer able to work, punitive damages for pain and suffering, and compensation for the family of a medical malpractice wrongful death victim, relating to the above areas.

Your Legal Rights in a Medical Malpractice Situation

To file a medical malpractice claim, you must be able to show that you have been injured either physically or emotionally as the result of physician and/or hospital negligence. Medical malpractice is a very complicated area of law that incorporates complex legal issues and medical technicalities. For example, a seasoned attorney reviewing medical records can likely uncover medical malpractice in cases that an inexperienced attorney in this area of law might review and disregard. Further, experienced malpractice attorneys, such as the Oklahoma medical malpractice attorneys at Atkins & Markoff, often have a team of medical experts who can help to determine whether the case is viable, and how the case will likely be received by a jury.

Statute of Limitations on Medical Malpractice

Professional negligence actions, including medical malpractice lawsuits, must be filed within two years in the State of Oklahoma. This statute also provides that a claim brought more than three years from the date of injury shall be limited to only past and future actual medical and surgical expenses resulting from said injuries.

To avoid losing out on your right to file a claim, it is imperative to contact an attorney as soon as possible following a medical malpractice injury, to protect your legal rights and any compensation that is due.