Phone: (516) 487-8207
According to a new study, only one of every 5 medical malpractice cases (20%) ends in financial transfer, whether through settlement or through jury award.
This strong winning record must be viewed in two competing contexts. On the one hand, one in 14 doctors are targeted per year by malpractice claims and every surgeon faces the chance of at least one claim within their lifetimes. This places a significant psychological weight on doctors. On the other hand, according to an earlier study out of New York, the vast majority of medical error is not subsequently litigated. Therefore, the implication by this study that most cases are frivolous is not wholly supported either.
On this last point, the authors of the study stressed that most medical errors do not become lawsuits because the court process is so financially taxing.
The study, published on Wednesday in the New England Journal of Medicine, sifted through data on 41,000 doctors between 1991 and 2005. The data was supplied by an anonymous insurer, which insures 3% of American doctors, spread through all 50 states.
The study also found that neurosurgeons and heart surgeons were sued 19% of the time on the high end and pediatricians and psychiatrists were sued 3% of the time on the low end. Pediatricians, because they deal with kids, who command far more jury sympathy, generally pay more than other doctors. Their average payment ($520,000) is almost twice the general average ($275,000).
As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I need to be aware of the general impact of medical malpractice lawsuits. If you have experienced related problems, I want you to pick up the phone and call me. I can help.
If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website http://www.oginski-law.com. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.
