Many medical malpractice statistics show that though the frequency of negligence in hospitals had a greater proportion of severe damage, the total number of errors and deaths due to mistakes were far greater for outpatients. No primary medical condition was related to more than 5% of all malpractice claims, and 1/3 of all claims were the direct effect of misdiagnosis. Should you or a loved one suffer damages while "under the knife," it may be time to consider going forward with a medical malpractice lawsuit. Of course, it is always best to confer with an attorney prior to any legal proceedings.