Top 3 Most Common Medical Malpractice Claims in the U.S.

In the previous article, we established that medical malpractice happens when the following two criteria are met:

  1. Proof that the health care provider violated the professional standard of care

  2. The negligence or malpractice resulted in a patient's injury

While medical practitioners are professionally trained to render such services, medical malpractice claims remain rampant. An American Medical Association survey tells us that more than half have faced two or more lawsuits. In fact, more than 30 percent of doctors received complaints across various types of medical malpractice allegations.But here's the more chilling fact: did you know that 10 percent of all U.S. deaths are from medical malpractice? Most of them were filed by members of the armed forces, amounting to more than $2 billion in medical malpractice claims.Interestingly, half of the medical malpractice claims are toward physicians aged 55 and above. This begs the question: should there be a practical age limit when doctors can render medical services? But that's a discussion for another day.Today, we'll look at three of the most common medical malpractice claims in the United States.

3 Most Common Medical Malpractice Claims in the U.S.

Here are the topmost typical medical malpractice claims filed in the U.S. Data shown below were obtained from Just Great Lawyers.

Improper Diagnosis

Misdiagnosis is the leading driver behind medical malpractice claims, and rightfully so. Incorrectly diagnosed complications can lead to permanent disability or even death in extreme cases, equivalent to around 100 thousand people.Among all diagnostic errors, the most rampant medical malpractice claims are:

  1. Misdiagnosed cancer at 37.8 percent

  2. Vascular complications at 22.8 percent

  3. Infections at 13.5 percent

Specifically, meningitis, various types of cancer and heart attacks are the most frequently missed diagnoses. This data raises the importance of seeking secondary or tertiary opinions for terminal medical matters. 

Incorrect Prescriptions

Taking prescription drugs is not new to many Americants. The Mayo Clinic says 70 percent of Americans take at least one prescription drug, while more than half take two.Sadly, incorrect prescriptions are another common cause of medical malpractice claims. There are instances when pharmacists misread a doctor's handwriting or fill a prescription incorrectly. Sometimes, the doctors who commit the error or the pharmacist receive medical malpractice claims.Furthermore, improper dosages, extended intake or drug-drug interaction can result in adverse and detrimental effects. Conversely, eight in 10 physicians admit to overtreating patients or engaging in medical overuse, citing fears of medical malpractice claims.

Surgical Errors

Forty percent of physicians reveal that their volume of monthly patient care is heavy, which may lead to errors. For instance, the average surgeon works for 50-60 hours weekly. As a result, surgical errors are another common source of medical malpractice claims.However, this number covers various surgeries due to the diverse nature of surgical errors. For example:

  • Surgical site infections

  • Surgical injuries

  • Unnecessary surgeries

  • Wrong-site surgical procedures

Doctors perform approximately 200 million surgical procedures yearly globally. Unfortunately, 4,000 of those result in surgical errors in the U.S., potentially leading to medical malpractice claims. Given that information, general surgeons have a high lawsuit rate of 63%.Medical malpractice can happen to anyone, and navigating through this claim is challenging. The best solution is to seek an experienced medical malpractice attorney like Sandel Law Firm to guide you through the process. If you need legal assistance, don't hesitate to call us.

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