Medical Malpractice lawyers in Salt lake City, Provo, St.George, Ogden, Layton, Farmington, Syracuse, Kaysville, West Haven, Clinton, and Roy, Utah.
Medical Malpractice Questions?
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What is Medical Malpractice?
A medical malpractice case requires a showing that (1) the medical professional violated the standard of care, and (2) the violation of the standard of cared caused injury.
A violation of the standard of care
The law acknowledges that there are certain medical safety standards or rules that medical professional must follow to keep patients safe. This is known as the standard of care. A patient has the right to expect that health care professionals will deliver care that is consistent with these safety standards. If it is determined that the standard of care has not been met, then negligence may be established.
An injury was caused by the negligence
For a medical malpractice claim to be valid, it is not sufficient that a health care professional simply violated a medical safety rule. The patient must also prove he or she sustained an injury that would not have occurred in the absence of negligence. An unfavorable outcome by itself is not malpractice. The patient must prove that the negligence caused the injury. If there is an injury without negligence or negligence that did not cause an injury, there is no case.
What should I do if I think I have a medical malpractice claim?
You should talk to a lawyer who specializes in such cases, as soon as possible. Tell the attorney exactly what happened, from your first visit to the doctor or other health care provider, through your last contact with him or her. If possible, obtain your medical records and bring them to your first meeting with the attorney. Ideally, you should retrieve your records from an on-line account. This will allow you to access your records without having to request them from the negligent medical provider. There are time limits governing how long someone may wait to bring a medical malpractice claim, so time is of the essence.
If you believe that you or a family member may have been a victim of medical malpractice resulting in serious injury you should seek a free consultation from a top-rated medical malpractice lawyer at Carlson Injury law.
At Carlson Injury Law our consultations are always free and we don’t get paid until we win your case. Call us today at (801) 845-4577.
55 percent
2009 to 2014 the rate of malpractice
claims paid fell by 55%.
1 in 5
to some form of medical malpractice.
250,000 +
due to medical errors.
What are some examples of medical malpractice and how common are they?
Medical malpractice can take many forms. Here are some examples of medical negligence and the percentage of that might lead to a lawsuit:
- Failure to diagnose or misdiagnosis
- Complications from treatment / surgery
- Failure to treat / delayed treatment
- Wrongful death
- Medication errors
- Poor follow-up or aftercare
- Premature discharge
- Disregarding or not taking appropriate patient history
- Failure to order proper testing
- Failure to recognize symptoms
Do medical malpractice lawsuits drive up the cost of health care?
No. Since 2001, the number of medical malpractice claims being brought by injured patients have reduced by over 50%. Yet, the average cost of healthcare per person in the United States has more than doubled since 2001. Thus, if medical malpractice lawsuits really influenced the cost of healthcare, there should have been a decline in health care costs due to the number of claims reducing by 50%. See Click Here. This obviously did not occur. The simple truth is, insurance companies spent millions of dollars in advertising and political lobbying to spread this lie to influence juries, pass laws placing limits on the amount of damages an injured patient is entitled to recover, and impose administrative hurdles making it more difficult to for an injured patient to bring a claim. In so doing, the insurance and medical industries have posted record profits year after year while injured patients struggle to get the compensation they deserve.
At Carlson Injury Law, we pride ourselves on fighting for patients against the insurance industry, and the false propaganda it continues to spread, to ensure injured patients get the justice and compensation they deserve
What are the true statistics regarding medical malpractice claims?
Medical Malpractice Ranks as Third Leading Cause of Death in the U.S.
In 2016 researchers from Johns Hopkins Hospital published the results of a comprehensive study on medical errors which estimated that medical errors result in 250,000 deaths each year. The Hopkins study was published May 3, 2016 in The BMJ. This estimate ranks medical malpractice as the third leading cause of death in the United States behind heart disease and cancer. A prior study done in 2009 estimated the number of medical error fatalities each year at 200,000. The Institute of Medicine (IOM) has offered a more conservative estimate of 98,000 deaths per year due to medical negligence.
A large percentage of these 250,000 annual fatalities would undoubtedly be actionable as medical malpractice. But the number of medical malpractice wrongful death lawsuits filed each year doesn't come close to this number. For instance, in 2013 the National Practitioner Database reported only 3,046 medical malpractice payments were made for wrongful death claims. Even if you use the conservative estimates, it's clear that only about 5% of deaths caused by medical error result in malpractice payouts. The reason for this is simple. Most incidents of medical malpractice never become the subject of a lawsuit or claim. In sharp contrast to the public image of excessive malpractice suits, the fact is that medical malpractice is actually under litigated.
The Frequency of Medical Malpractice Lawsuits & Claims is Low
Despite all the negative attention, medical malpractice lawsuits account for a very small percentage of personal injury litigation.Civil case data for 2016 published by the National Center for State Courts (NCSC) confirms that medical malpractice accounts for less than 5% of all personal injury cases pending nationwide. These statistics make it clear that there is no plague of excessive medical malpractice litigation.
A 2017 report on insurance claims showed that comparative rate of payments on medical malpractice claims is also on the decline. From 2009 to 2014 the rate of malpractice claims paid fell by 55%.
4:1 – Is The Ratio Of Injuries And Deaths Caused By Malpractice In Hospitals To That Reflected In Medical Records. (In Other Words, Many Errors Go Unrecorded.)
1 in 5 people believe they have been subject to some form of medical malpractice.
1:4 – Is The Ratio Of Total Malpractice Premiums To Total Economic Losses Suffered By Victims Of Malpractice.
In other words:
Doctors and hospitals avoid paying 80% of the economic harm their errors inflict on patients and their families.