Medical Malpractice Litigation

It is estimated that there are approximately 1.5 million medical errors that cause injuries, damages, or death to patients every year in this country. That is a fearful situation, especially since medical science has become so complex that most laymen are unable to confirm that their doctors or other caregivers are acting appropriately. So when it is time to sue a doctor or hospital for malpractice? There are four elements to medical malpractice litigation, including the caregiver's duty to provide appropriate and quality care to a patient, the failure of that caregiver to provide appropriate care, the injury produced by the failure on the part of the medical care provider, and the financial or emotional damages that result from that injury. A medical provider can be negligent without causing measurable damages to the patient. In addition, a patient or family can suffer damages without any negligence occurring. Both have to exist for medical malpractice litigation to occur.

Fast Facts

  • Medical malpractice litigation is expensive, with 54% of all compensation going to administrative aspects of the case, including lawyers, expert witnesses, and court costs.
  • Only 5% of doctors account for 54% of medical malpractice awards.

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