Medical Negligence Is an Epidemic in the United States
Medical negligence is a persistent issue across the United States, even in 2020. While medical technology and standards have made some progress in recent years, serious mistakes still take place that can have catastrophic consequences for patients.
Sadly, medical malpractice is the third-leading cause of death in the United States, highlighting the serious concern of negligence in the medical field. A report from John Hopkins reveals that nearly 250,000 to 400,000 people die annually due to medical errors. This may be surprising to some, but to others, medical malpractice is a reality that has resulted in real-world repercussions. In recent years, there has been a rise in the number of people who are injured or suffer due to the negligence of a medical professional.
If you are ill or have suffered from an injury, your instinct is to consult with a trusted health care professional. It is assumed that a physician or medical practitioner will have your best interests at heart and will do all they can to help you recover.
Unfortunately, this is not always the case. There are many situations where health care professionals harm or injure their patients instead of helping them. If you have been harmed by a physician or medical professional who made an error or acted negligently, contributing to injury or death, contact West Loop Law and the Law Office of Nhan Nguyen, MD, JD today. Our team of qualified medical malpractice lawyers in Houston understands the sensitive nature of these cases and will do all they can to help you make a full recovery.
This article will discuss how medical malpractice is defined in Texas, some of the most common causes and examples of medical negligence, and what Houston medical malpractice victims should know before pursuing a case. If you have any questions, do not hesitate to give us a call.
What Is Medical Negligence?
To start, it is important to discuss the definition of medical negligence. The term is often used interchangeably with medical malpractice, but medical negligence is defined as “an act or omission (failure to act) by a medical professional that deviates from the accepted medical standard of care.”
To put it more simply, medical negligence is when a physician, nurse, or health care provider fails to meet the standard duty of care that another doctor with similar qualifications would have under similar circumstances. When a medical professional commits medical negligence, he or she can be held liable. When health care providers provide substandard care to their patients resulting in injury or death, they can be held accountable through a Texas medical malpractice claim.
Victims of medical malpractice are entitled to pursue a lawsuit to recover compensation, but medical negligence cases are often complex and challenging. Proving negligence can be difficult, particularly when a physician or medical facility is involved.
Another important point is that medical malpractice laws only apply to licensed and trained medical professionals. This means that if you were injured by another individual only claiming to have medical experience, you may be unable to pursue legal action.
Lastly, medical errors are usually preventable and are caused by the negligence of health care professionals, which is why medical malpractice lawsuits are so common.
Facts on Medical Malpractice
To better understand the catastrophic consequences of medical malpractice, here are some facts:
- 80,000 to 100,000 deaths every year reported in the United States are caused by diagnosis error, accounting for 34.1% of malpractice claims
- Around 200,000 patients die in hospitals each year due to preventable mistakes
- 45% of medical malpractice claims are inpatient, accounting for 38% are outpatient
- 23% of malpractice claims are related to surgical errors
- In 2018, plaintiffs in medical malpractice lawsuits recovered nearly $4.1 billion
- The average medical malpractice compensation in 2018 was $348,065
- Nearly 30% of malpractice claims resulted in death, and 18.7% resulted in permanent disability or injury
- 95% of all malpractice claims settle out of court
- Texas has one of the lowest payouts for medical malpractice in the nation, along with North Dakota, Wisconsin, Mississippi, and Indiana
These statistics should show the repercussions of medical malpractice and why it is a serious issue in the United States. If you have any questions or believe you have a case for medical negligence, contact West Loop Law and the Law Office of Nhan Nguyen, MD, JD.
Leading Causes of Medical Negligence
The following are the most common causes of medical malpractice:
- Failure to diagnose or inadequate diagnosis. When a physician or other medical provider fails to diagnose you or misdiagnoses your condition, it can have significant consequences. Usually, physicians will order irrelevant treatments and testing, prescribe hazardous medications, and completely miss the mark with their assessments.
- Surgical errors. Errors or mistakes made during surgery can have severe consequences. For instance, a surgeon may leave a foreign object in a patient after operation or may use incorrect techniques.
- Anesthesia errors. If a physician gives too much or too little anesthesia before surgery, it can very damaging. Other examples of anesthesia errors include the failure on part of the health care provider to monitor your vital signs during surgery or the use of a drug the patient was allergic to.
- Failure to obtain consent. Before a health care professional can continue with surgery or a treatment plan, they are required to obtain consent from the patient. This unfortunately does not always happen. If your physician treats your symptoms against your will or without giving you the information needed to make an informed decision, they can be held liable.
- Medication errors. If you are given incorrect incorrect dosage information or a dangerous combination of medications, it can result in significant injury to the patient.
Some other examples of medical negligence include:
- Childbirth injuries
- Cosmetic/plastic surgery errors
- Pharmacy errors
- Nursing errors
- Refusal to administer treatment
- Nursing home neglect or abuse
- Wrongful amputation
If you believe that you may have a case for medical malpractice, contact West Loop Law and the Law Office of Nhan Nguyen, MD, JD today to schedule a consultation with an experienced Houston medical malpractice attorney.
Best Medical Malpractice Lawyers in Houston
Those who are injured due to the negligence of a medical professional need to consult with a Houston medical malpractice lawyer to discuss their legal options. West Loop Law and the Law Office of Nhan Nguyen, MD, JD is here to help you recover. Doctors and medical facilities have a team of lawyers that are meant to intimidate victims of medical malpractice, discouraging them from pursuing their rightful compensation. We will go up against their legal teams and fight for your legal rights. Give us a call today at 713-840-7200 to see what we can do for you.
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