Most people know that when one person causes injury to another person, the victim can seek recourse through civil litigation. Whether the defendant committed a battery, an assault, or committed a negligent act, civil courts exist to repair the wrong that occurred. This includes wrongs committed by medical professionals against their patients.
The latter is referred to as medical negligence or medical malpractice. Experienced Kingston medical malpractice attorneys are adept at spotting when medical malpractice has occurred. Perhaps this much can be assumed. But what is most astonishing to the average “Joe”, is the frequency in which medical malpractice occurs and the amount of compensation many injured patients rightfully receive.
To begin with, readers should be aware that over 90% of medical malpractice law suits end in settlement. Settlements can happen before trial and even during the course of a trial. What this means for victims of medical malpractice is that they most likely will not have to relive the trauma of their injuries by enduring a full length trial.
This is especially important because over 30% of medical malpractice suits arise out of the death of the patient. Settlements in these cases can give the grieving family final relief from their horrible ordeal. Since roughly one third of these cases relate to the patient’s death, what accounts for the other two-thirds of medical malpractice litigation?
Another 25% are due to negligent injuries related to surgery. 18% arise out of treatment. An additional 11% relate to errors made during an expectant mother’s pre-natal care and errors that which occur during child birth. An astonishing 11% of medical malpractice litigation arises because of the negligent inflection of brain injury, paralysis such as quadriplegia, and other injuries that which require lifelong treatment. The roughly 20% remainder of medical malpractice injuries are minor injury, major injuries, permanent but yet minor injuries, only emotional injury, and finally injuries deemed trivial.
The majority of the injuries listed above are caused by improper, delayed, and or missed diagnoses; 33% to be more specific. Another 24% of the injuries listed above are attributable to surgical negligence. The bottom 40% plus of injuries occur when there is a general treatment error; pre-natal/birthing error; medication error; and anesthesia errors, among others.
Finally - a word about compensation in terms of monetary figures. At the national level, medical malpractice victims are receiving a combined compensation amount exceeding three billion dollars. New York is one of the top five states in the category of victim payouts. Recent years have seen nearly 800 million dollars given to injured medical malpractice victims throughout New York State. Injured patients in Kingston should therefore rest assured that their injuries will not be over looked.
But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected] You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.