How common is medical malpractice and how often do injured patients seek compensation? The real answers to those questions may be surprising.
Medical malpractice exists. Doctors are human. They make errors, give less than utmost care and miss symptoms that should not be missed. An article in the March 2009 issue of the Canadian Medical Association Journal cites a 1974 study conducted by California hospitals and physicians that showed that doctors and other medical professionals injure one out of every 125 patients, and of those injured, only one in 75 is compensated for that injury. More recent studies mentioned in the article give injury and litigation rate figures that are roughly similar, arriving at a litigation rate among all patients (injured or not) of one in 250 patients. In spite of those results, the constant rallying cry for those that favor malpractice liability caps is that a litigation-hungry public driving up the costs of health care.
When doctors and hospitals are taken to the courts by those they have injured, the legal system does work. A 2006 Harvard School of Public Health study of medical malpractice lawsuits points out that over 60 percent of all medical malpractice cases examined in the study had merit. The study also found that the legal system does recognize and effectively dismiss without reward most malpractice suits that have no merit.
If you have any questions regarding California medical malpractice lawsuits, or how liability and negligence are determined in a civil court, please contact the Irvine Personal Injury Attorneys at the Law Offices of Samer Habbas.