The personal injury lawyers of Shevlin Smith regularly blog about issues that are important to the rights and recoveries of medical malpractice and personal injury victims in Virginia and Washington D.C.
Unless you or a loved one has been a victim of medical negligence, you have probably never given much thought to how often medical negligence occurs. You probably have never considered how preventable the medical negligence was.
The Washington, D.C.'s Department of Health's annual report sheds light on those issues.
The city's Department of Health reported that for the 12 months between July 2007 and June 2008, there were 529 "adverse events" in District of Columbia hospitals and clinics. At least 14 of these errors resulted in the death of the patient.
The underlying nature of the adverse errors was alarming. At least seven people died because they were given the wrong medicine or given the wrong dose of medication. Another adverse event involved surgery performed on the wrong breast of a woman. Another involved the death of patient who, while in respiratory distress, was hooked up to a ventilator that was broken.
Sadly, the 529 adverse events are probably an understatement of the number of actual medical errors that occurred during the reported 12-month period. Only 10 of the District's 15 hospitals participated in the report, and only two of the District's 21 nursing homes reported.
So, the next time you hear about a medical malpractice case that has been filed, don't be so quick to judge it as frivolous. Ask questions about its underlying facts. You might be surprised just how preventable the medical error was and how needless a patient's death or injury was.
In his book, "The Medical Malpractice Myth," Tom Baker seeks to answer the question whether there is too much medical malpractice litigation in the United States or whether there is too much medical malpractice. His answer may surprise you. Tom Baker examines every relevant study performed in the last thirty years on the issue of medical malpractice. Most of these studies were conducted by health care providers, including physicians, hospitals, and nurses. Based upon those studies and other data he has gathered on his own, Tom Baker concludes that there is an epidemic of medical malpractice in the United States. His figures are staggering. Doctors and hospitals injure about one out of every twenty-five hospital patients. Negligence is the cause of injury in about one of every four of those cases, meaning that one patient in every 100 is the victim of medical malpractice. Of note, more people are killed by medical malpractice than are killed by auto and workplace accidents combined. Other significant findings include:
* Compared to the amount of medical malpractice, there is very little medical malpractice litigation. The evidence shows that very few victims of medical malpractice actually file lawsuits. Data show that there are approximately seven proven medical malpractice injuries for every one medical malpractice case that is filed.
* The number of medical malpractice lawsuits is not growing. Similarly, the overall size of the lawsuit settlements and verdicts is not increasing, particualry once the rising medical care costs for treating medical malpractice victims is taken into account.
* Medical malpractice lawsuits and jury verdicts are not to blame for the recent medical malpractice insurance crisis. In reality, the culprit for the insurance crisis is the boom-and-bust cycle in the insurance industry that has been an inherent part of the insurance business for over a century.
* Medical malpractice lawsuits are not depriving Americans of access to health care. The evidence shows that the costs associated with medical malpractice litigation are less than 1% of the entire cost of the health care system.
* Medical malpractice lawsuits actually do good. An example of this is the American Society of Anesthesiologist's closed case study of all past medical malpractice claims filed involving anesthesia. This study led to significant changes in how anesthesia was practiced in the United States. For example, better anesthesia equipment was developed and new practice guidelines were implemented. The end result was better health care for patients and lower insurance premiums for anesthesiologists.
* Medical malpractice insurance premiums for health care providers is not as high as commonly reported. The average insurance premium paid per doctor is less than $12,000.