Did you know that a John Hopkins study has revealed that more than 250,000 Americans die every year because of medical blunders? Research by other organizations put the number at 440,000.
Did you also know that the three leading causes of death in the U.S. are heart disease, cancer, and medical error – in that order?
If the data above surprised you, get ready for more surprises as a leading Utah attorney of medical malpractice discusses systemic problems in the medical field.
How many medical malpractice victims file a lawsuit?
According to the Civil Justice Resource Group, only 2.9% of medical malpractice victims file claims. Bluntly put, a majority of victims of medical malpractice miss out on claiming billions of dollars from negligent healthcare professionals.
How many medical malpractice cases in Utah are settled out of court?
As per our experience, about 90% of medical malpractice cases are settled out of court. The evidence needs to be strong for healthcare professionals to agree to a settlement. Also, almost all successful cases that are settled out of court, or before judgment, are handled by experienced medical attorneys.
What is the average payout per medical malpractice case in Utah?
As per the National Practitioner Data Bank’s data analysis tool, about $3 billion worth of claims from 8,496 Utahns were settled (out of court and in a trial) in 2020.
Source: National Practitioner Data Bank’s Data Analysis Tool
Therefore, the average payout per medical malpractice case in Utah worked out to about $353,000. Know that some cases were settled for millions and some in thousands, and that there are a lot of stories lurking beneath the averaged numbers.
What are the most common causes of medical malpractice?
- Wrong Diagnosis is the most common medical error. Diagnostic slip-ups can end up in devastating consequences.
- Errors in the operating room: Negligent surgeons and their teams can operate on the wrong side or leave a medical device inside the body or even perform the wrong procedure.
- Treatment Errors: These errors occur when the healthcare professional fails to treat the medical condition as per medical standards and expertise expected of a qualified professional. Such errors include discharging a patient before he has completely recovered or being negligent in giving follow-up care.
- Birth injuries: Nerve damage, bone damage, spinal cord injuries, and cerebral palsy are the most common injuries caused due to medical negligence during childbirth.
- Prescription errors: Writing erroneous or inaccurate prescriptions is another type of medical malpractice for which negligent healthcare professionals are often sued.
Can I sue my dentist for malpractice? What according to medical attorneys in Utah are the most common errors made by dentists?
Yes, you can sue a dentist in Utah just like you can sue any other negligent healthcare professional. Here are some examples of medical malpractice by a dentist:
- Did not extract the tooth properly.
- Failed to diagnose a pre-condition (for example, a temporomandibular joint disorder).
- Did not correctly treat the condition that you suffering from.
- Did not appropriately supervise the actions of an assistant when he made mistakes.
- Made mistakes while administering anesthesia.
- Failed to treat you and did not refer you to another specialist
- Failed to inform you about the risks, benefits, and alternatives to the dental treatment suggested before starting the treatment.
How long does it take to settle a medical malpractice case?
It depends on how complex the case is. Multiple healthcare professionals and facilities can be involved in a complicated case and therefore such cases take time to settle. Simpler cases don’t take long.
A simple case can be settled out of court within 6 weeks. A complex case can take anywhere between 6 months and a year to settle (before the case goes to trial).
If the case goes to trial, it can take anywhere between 1 and 3 years, give or take a few months. Therefore, the settlement timeline depends on the circumstances and complexity of the case.
We will stop for now and answer whatever questions you may have in our face-to-face meeting.
