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Each
year many Americans die as a result of medical
errors. According to an Institute of Medicine
report, between 44,000 and 98,000 Americans die in
hospitals each year due to medical errors and the
annual cost to society for such errors ranges from
$17 to $29 billion. These figures only take into
account hospital deaths. Medical errors can and do
occur in every setting where health care is
administered: in doctors' offices, hospitals,
nursing homes, clinics, and patients' homes.
Further, according to the Institute of Medicine,
more people die from medical mistakes each year than
from highway accidents, breast cancer, or AIDS.
No one really knows how many people are injured or
killed as the result of medical error because no
government agency, state or federal, tracks them.
And while the American Medical Association and
federal and state health agencies are trying to
reduce the number of medical errors, it seems the
medical profession finds it hard to police itself.
When someone learns they or a loved one has been the
victim of medical error, their first reaction is to
consider a lawsuit. Unfortunately, not every medical
error is malpractice. Malpractice is a very specific
legal definition for an act of negligence by a
health care provider. It is very complex and
requires a special level of expertise. A good
attorney will consider all the facts of your case
carefully before advising whether you should pursue
a medical malpractice action.
What is a Medical Error?
The Institute of Medicine defines "medical error" as
"the failure to complete a planned action as
intended or the use of a wrong plan to achieve an
aim." Medical errors are not medical malpractice.
Medical malpractice is a legal standard that must be
proven. Generally speaking, medical malpractice is a
negligent act by a physician that is contrary to the
"accepted standard of care" in that specific area of
medicine. The standard of care is what the medical
industry as a whole has determined to be acceptable
protocols and procedures for treatment of patients,
conducting tests and analyzing the results of those
tests.
Medical malpractice lawsuits arise from "adverse
events" that cause injury by medical management, not
from the patient's underlying condition. But some
adverse events are not preventable and they reflect
the risk associated with treatment. But when medical
error causes injury because the caregiver deviated
from the accepted standard of care, a medical
malpractice claim may arise.
If you believe you or someone you know has been the
victim of medical malpractice, you should seek legal
counsel immediately.
Medical Malpractice Resources
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