Medical malpractice is a serious issue in the United States — and worldwide. A recent report published in the BMJ Journals estimates that 795,000 people may experience serious harm due to diagnostic errors each year in the United States.[1]
Medical errors are the third leading cause of death in the United States, behind heart disease and cancer.[1] When someone suffers an injury or dies following medical malpractice, their loved ones may face financial hardship. Medical malpractice lawsuit funding can help ease some of the burden they face.
Common Types of Medical Malpractice That Lead to Death
Medical errors can have serious consequences. If a medical professional is negligent or disregards protocol and injures a patient, the injured party may have a medical malpractice claim.
Medical malpractice cases can include:
- Misdiagnosis/failure to diagnose. This includes cases where a physician missed key signs or symptoms of a condition. An incorrect diagnosis or failure to provide a diagnosis could delay the patient’s treatment.
- Surgical errors and anesthesia mistakes. This includes failure to administer the correct amount of anesthesia or follow proper surgical protocols. Surgical error lawsuit funding helps patients who incurred medical expenses as a result of such issues.
- Wrongful death. If poor or incorrect judgment from a physician resulted in the avoidable death of a patient, the family may be able to make a wrongful death claim.
- Defective medical devices. Poorly made or improperly tested medical devices can cause injury to patients. Defective medical device claims help patients cover any treatment or expenses relating to those injuries.
We work with people who are currently involved in misdiagnosis lawsuits or other medical malpractice cases. Our pre-settlement funding can help reduce families’ financial struggles while waiting for a case to settle.
Annual Death Statistics as a Result of a Medical Error
Misdiagnosis is the most common form of a malpractice case. Prescription errors, in particular relating to insulin or morphine, are also common. According to the AMA, 1 in 3 clinicians will face a medical malpractice claim at some point in their career.[2]
Despite continuing efforts to improve care standards, medical errors are still commonplace. It’s difficult to estimate the prevalence of medical malpractice. However, some studies report that between 210,000 and 400,000 hospital patients die in the United States each year due to medical errors.[3]
The reason for the variation in the above medical malpractice statistics is how coroners complete death certificates.[4] They rarely list human error as a reason for death. The Centers for Disease Control and Prevention rely on coroners’ reasons when publishing their estimates.[4]
This confusion has led to academics calling for the CDC to change how they collect data about causes of death.[5] Martin Makary, M.D., M.P.H., and professor of surgery at the Johns Hopkins University School of Medicine explained that “top-ranked causes of death as reported by the CDC inform our country’s research funding and public health priorities.”[5]
Makary went on to say, “Right now, cancer and heart disease get a ton of attention, but since medical errors don’t appear on the list, the problem doesn’t get the funding and attention it deserves.”[5]
Studies place the rate of medical errors at between 6% to 13%, although numbers can vary.[6] Most medical errors are not caused by bad physicians but rather by challenges in the working environment, such as:[6]
- Poor care coordination
- Fragmented insurance networks
- Unwarranted variation in physician practice patterns or lack of accountability
- Absence or underuse of safety nets and other protocols
How Medical Errors Happen
A recurring theme in medical malpractice statistics is poor communication.[3][6] This is particularly true when patients have physicians in more than one network. Other causes include a lack of training or rushed appointments.[3]
When assessing medical malpractice claims, the courts consider the physician’s training and qualifications. For example, in a misdiagnosis case, it’s not enough for the plaintiff to show the diagnosis was wrong. Rather, they must prove other qualified physicians in the same specialty would have acted differently.
Payment of Medical Malpractice Claims Continues to Decline
While medical malpractice cases are common, and 8 out of 10 cases go to trial, there are many cases that settle outside the courtroom.[7] Between 2009 and 2018, there was an average of 12,414 medical malpractice reports to the National Practitioner Data Bank (NPDB) per year, and the average payout was $309,908 per case.[8]
The lack of reporting on medical malpractice cases makes it difficult to understand the number of successful cases each year. Taking a medical professional to court can be a long and stressful process. USClaims’ pre-settlement funding can help reduce some of the financial strain faced by plaintiffs. Learn more about how this works in our settlement funding FAQ.
Lawsuit Funding for Medical Errors
If you or a loved one has started a medical malpractice lawsuit, you may be wondering how pre-settlement funding works. USClaims will buy an interest in eligible claims, providing a cash advance on the settlement amount. This funding can be an invaluable lifeline for families facing long and complex court cases.
We work with attorneys to simplify the application and repayment process. We have many attorney testimonials who have found our simple, efficient payment process beneficial for their clients. There are no credit checks and no collateral requirements and you only repay the funding if your case is successful.
How USClaims Can Help
If you have initiated a lawsuit surrounding injuries or death due to medical malpractice but worry about your ability to keep up with your expenses, call USClaims to ask about pre-settlement funding.
For cases that qualify for funding, USClaims purchases a portion of the proceeds of the anticipated court judgment or settlement for some cash now. We only get paid upon a successful claim or settlement! Apply now or call us today at 1-877-USCLAIMS to learn more.
The availability of pre-settlement funding varies by state. Contact USClaims for more information.
Sources
- Newman-Toker, David E., et al. “Burden of Serious Harms From Diagnostic Error in the USA.” BMJ Quality & Safety, vol. 33, no. 2, July 2023, pp. 109–20. https://doi.org/10.1136/bmjqs-2021-014130.
- American Medical Association. “AMA: One in Three Physicians Previously Sued in Their Career.” American Medical Association, 10 May 2023, www.ama-assn.org/press-center/press-releases/ama-one-three-physicians-previously-sued-their-career.
- Aghighi, Negar, et al. “Recurrence of Medical Errors Despite Years of Preventive Measures: A Grounded Theory Study.” Journal of Education and Health Promotion, vol. 12, no. 1, Jan. 2023, p. 329. https://doi.org/10.4103/jehp.jehp_17_23.
- Peppin, John F., et al. “What Your Death Certificate Says About You May Be Wrong: A Narrative Review on CDC’s Efforts to Quantify Prescription Opioid Overdose Deaths.” Curēus, Sept. 2021, https://doi.org/10.7759/cureus.18012.
- “Johns Hopkins Study Suggests Medical Errors Are Third-leading Cause of Death in U.S.” The Hub, 3 May 2016, hub.jhu.edu/2016/05/03/medical-errors-third-leading-cause-of-death.
- Rodziewicz, Thomas L., et al. “Medical Error Reduction and Prevention.” StatPearls – NCBI Bookshelf, 12 Feb. 2024, www.ncbi.nlm.nih.gov/books/NBK499956.
- Bono, Michael J., et al. “Medical Malpractice.” StatPearls – NCBI Bookshelf, 31 Oct. 2022, www.ncbi.nlm.nih.gov/books/NBK470573.
- “New Medical Malpractice Statistics by State.” Rosenbaum, 28 Oct. 2019, www.rosenbaumfirm.com/medical-malpractice-statistics.html.
