How many people die each year from medical errors?
Medical Malpractice - May 9, 2024 by Horwitz, Horwitz & Associates
According to a study from the Johns Hopkins University School of Medicine, medical mistakes are the third leading cause of death in the United States.
Even patients who do not die due to a medical error can suffer lasting disabilities and incur tremendous pain and suffering. If this applies to you or a loved one, contact Horwitz, Horwitz & Associates today for a free consultation with a Chicago medical malpractice lawyer.
Unreported medical errors
Johns Hopkins researchers say that the Centers for Disease Control and Prevention’s (CDC’s) methods for collecting national health data fail to properly classify medical errors separately on death certificates. They use the coding system hospitals and other medical facilities use to record a patient’s underlying cause of death.
However, this system does not keep track of medical mistakes related to many of the errors made by medical professionals. That includes misdiagnosis, communication errors, medication mistakes, and other negligent medical professionals or medical facilities’ actions.
Researchers say that if medical mistakes were properly recorded, data would indicate 250,000 deaths yearly due to medical errors.
Negligent and careless patient care
Medical professionals and healthcare facilities owe a duty of care to their patients. They must protect them from harm while they are providing treatments and care.
Medical errors are not confined to a hospital setting. They can also occur in surgical centers, private doctors’ offices, private and public clinics, nursing homes, pharmacies, and more.
Some of the most common medical mistakes made in the United States include the following:
- Misdiagnosis
- Unnecessary tests or treatment
- Errors with medication
- Delayed treatment
- Inadequate follow-up after treatments
- Surgical and anesthesia mistakes
- Uncoordinated care
- Healthcare-acquired infections
Medical malpractice cases and compensation
Those who have been injured due to the negligent actions of a healthcare professional or facility may be able to recover compensation through a medical malpractice lawsuit. A statute of limitations limits the time a victim has to file their case. The statute of limitations for medical malpractice in Illinois is two years from the date the plaintiff (the victim) knew or should have known about the medical mistake.
Illinois state law places further limitations on medical malpractice cases by saying that no lawsuit can be brought more than four years after the medical mistake occurred, regardless of when the patient discovers the mistake.
Various types of compensation are available to those injured due to a medical mistake, such as:
- Compensation for any medical expenses related to the error(s)
- Coverage of lost income and benefits if the victim cannot work
- Loss of enjoyment of life damages
- Pain and suffering damages
- Punitive damages against the healthcare provider and/or agency responsible
The amount of money a person can receive for a medical malpractice case will vary depending on several factors. These factors can include the severity of the patient’s injuries, the total cost of medical care required, whether the patient is disabled due to the mistake, and more.
What is the definition of informed consent?
Informed consent is the process by which a health care provider educates a patient about the nature of a procedure and the benefits it can provide, any risks associated with the treatment, and alternative treatments (if available).
In the U.S., securing informed consent is both legally and ethically required for medical providers.
Failure to obtain informed consent before performing a medical procedure could result in a civil action against the healthcare provider.
What is the accepted standard of care for medical professionals?
The American Medical Association (AMA) establishes standards of conduct and care for medical professionals. Physicians must provide competent, compassionate medical care and honor the patient’s rights.
A “standard level of care” is a legal concept that has changed over time and is based on case law and court rulings – there isn’t a state or federal law that specifies what is standard care and what isn’t.
Regarding medical malpractice cases, an acceptable standard of care is care, treatment, or actions that a minimally competent physician would take when faced with a patient with similar symptoms in a similar situation.
The role of expert testimony in medical malpractice cases
Proving whether a physician’s actions (or inaction) substantially deviated from an accepted standard of care is often established through the testimony of expert medical witnesses.
Your lawyer may have one or more medical experts examine you and review your medical records. They’ll evaluate at which point or points in your care regimen your treating physician deviated from an accepted standard of care.
How does medical malpractice insurance work?
Medical liability insurance (aka malpractice insurance) covers healthcare providers for errors that arise from their practice of medicine. Individual healthcare providers carry malpractice insurance. The facility they practice in may have liability insurance to cover all healthcare providers employed by the practice.
As a plaintiff in a medical malpractice case, your damages will be paid by the malpractice insurance carrier, not the doctor, unless the physician violated the terms of their policy. Few, if any, malpractice policies cover intentional or criminal acts.
Disciplinary actions for medical professionals accused of malpractice
The Illinois Department of Financial and Professional Regulation (IDFPR) oversees and enforces regulations of licensed healthcare providers in the state. Negligent treatment and misdiagnosis can result in disciplinary action against the healthcare provider by the IDFPR.
Trends and reforms in medical malpractice law
To reduce medical malpractice insurance costs, the State of Illinois caps the damages a jury can award for pain and suffering at $500,000 from physicians and $1,000,000 for hospital judgments.
Furthermore, the state can also deny malpractice insurance rate increases if a carrier requests a rate increase of more than 6%.
Legal help after a medical error
Although there is no hard data for the number of Illinois deaths per year due to medical errors, we can comfortably say that medical mistakes affect thousands of families each year. If you or a loved one were harmed due to an avoidable medical error, our Chicago medical malpractice lawyers want to hear your story.
Contact our firm today at (800) 985-1819 for a free consultation.