The Number 3 Cause of Death in the US- Medical Malpractice
According to a John Hopkins study, over 200,000 Americans die every year because of medical malpractice. This number can be as high as 400,000. Medical malpractice is third place after cancer and diabetes, as a leading cause of death.
No person knows for sure how many Americans die every year because of medical malpractice. That is because the CDC coding system for recording deaths does not capture many things. A doctor can write things like heart disease as the cause of death when it is medical errors.
American Medical and Legal Practitioners are fighting back
The leading American legal practitioners are advocating for greater legislation. Many Americans have already obtained huge compensation sums because of cancer made worse by medical malpractice.
Top John Hopkins surgeons have advocated the Center for Disease Control (CDC) to add medical malpractice to its yearly report of leading death causes. That will call for changes in death certificates.
A 2-Year Old Dies of Cancer Made Worse by Medical Malpractice
Emily Jerry was just 2 years old when she had a cancer diagnosis. As a result, she underwent chemotherapy and some surgeries after which a doctor declared her cancer free.
The doctor encouraged a final chemotherapy session. Before the treatment, a pharmacist filled the intravenous bad with 20 times more sodium chloride. After some hours of treatment, Emily was brain dead and she died three days later.
What Qualifies as Cancer Made Worse by Medical Malpractice?
- Medicine mix up
- Surgical errors
- Computer breakdowns
- Judgment error
- System defect
- Among others
For the case of misdiagnosis, judgment error, and surgical complications, the surgeon is to blame. For the case of medicine mix up as was the case of Emily Jerry, the pharmacist technician is at fault. The person or institution liable deserves prosecution. There must be compensation.
The doctor’s diagnosis list will help to determine liability. A doctor should ask questions, run tests, and eliminate illnesses from the list until the ultimate disease is determined.
A negligent doctor will not exercise due diligence because of failing to carry some tests or asking the wrong questions. As a result, there is the elimination of the wrong diseases leading to a false diagnosis. Such a medical practitioner is liable.
Can You Sue a Health Practitioner for Wrong Diagnosis? How Much Will You Get?
Yes, you can. There have been many cases of successful medical negligence claim.
Settlement of over 95% of malpractice cases happens through negotiation. The average settlement is around $400,000. The highest settlement ever awarded is $1 million.
The Bottom Line
It will take from 18 months to 2 years to settle a medical error case. The settlement will happen quicker if there is an out of court process.