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MEDICAL MALPRACTICE INFORMATION

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MAGNITUDE OF THE PROBLEM

  • According to an article published in a very reputable medical journal, over 225,000 patients die each year in the United States due to medical errors, making medical malpractice the third leading cause of death. Journal of the American Medical Association 2001; Barach et al; 286: 2813-14.

  • Medical errors cost Medicare $8.8 billion and resulted in 238,337 potentially preventable deaths during 2004-2006. Health Grades (2008, April 8). Medical Errors Cost US $8.8 Billion, Result in 238,337 Potentially Preventable Deaths, Study Shows. ScienceDaily. Retrieved May 10, 2009.
  • According to a study of 37 million patient records, about 195,000 patients died in the US from potentially preventable hospital medical errors in 2000, 2001, and 2002. Qual Lett Healthc Lead 2004; 16(9): 10-1.

  • Based on 1990 Harvard School of Public Health study, only one medical malpractice claim is filed for every 7.6 hospital injuries.

  

EXAMPLES OF MEDICAL NEGLIGENCE

NOT EXCUSABLE MEDICAL ERRORS
    
Some medical errors can never be justified. The Minnesota Department of Health has a list of 28 events that Hospitals are legally required to report (MN statute § 144.7065). These medical errors or complications are considered the type of mistake that should not occur and include:
  • Surgery performed on a wrong body part.
  • Surgery performed on the wrong patient..
  • The wrong surgical procedure performed.
  •  Unintentionally retained foreign objects after surgery or other procedure.
  •  Patient suicide or attempted suicide.
  •  Medication errors.
  •  Low blood sugars resulting in serious disability or death.
  •  Some pressure ulcers acquired during hospitalization.
  •  Environmental events, like burns, fall, electric shock, and wrong gas given.
The Minnesota Annual Report of January 2009 included 312 reportable events.

COMMON MEDICAL ERRORS

  • Mismanagement of surgical complications.
  • Mismanagement during pregnancy or delivery.
  • Failure or delay in diagnosing a cancer or illness.
  • DVT (blood clots in veins) or P.E. (clots in lungs) for failure to use appropriate preventive measures.
  • Medication errors.
  • Communication errors between medical providers or with patients.
  •  Increased infection rate due to failure to administer timely preoperatively IV antibiotics.
  •  Medical error by sleep deprived physician who continues working after a prior busy call day.

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