Wrongful Death vs. Medical Malpractice

Medical Malpractice

If it can be proven that your injury or the death of your loved one was due to the negligence of a healthcare provider solely, you may have a case for malpractice and can recover damages.

No one should have to lose a loved one and no amount of money can replace them. In some situations, the death of a loved one can be caused by the negligence of a third party. Filing a claim against a negligent party can help hold them accountable for their actions and give you and your family the compensation you deserve.

Depending on your unique situation, there are different types of claims that can be filed. It is important to understand the difference between wrongful death and medical malpractice, as well as how they are similar. Not all wrongful death cases involve medical malpractice while some malpractice claims can lead to wrongful death lawsuits.

Troops Can Finally Sue The Military For Medical Malpractice

Medical Malpractice

The Defense Department on Thursday will officially publish the rules governing how uniformed service members or their representatives can file a claim against the military for malpractice.

The new regulation, which will take effect 30 days after Thursday’s publication in the Federal Register, marks a significant step in service members’ or families’ ability to seek recourse for malpractice. An advance look was posted online Wednesday morning.

For decades, the Feres Doctrine — named for a plaintiff in a landmark 1950 U.S. Supreme Court case — has kept active-duty military personnel from suing the government over personal injuries they incurred as a result of their service. This made it difficult for service members to seek recourse from the military when their medical treatment was mishandled.

But the National Defense Authorization Act passed by Congress in December 2019 contained provisions to change that. Service members — or their representatives if they are dead or incapacitated — became eligible to file claims for personal injury or death caused by a military health provider in certain medical treatment facilities.

Facts You Should Know About Medical Malpractice

Medical Malpractice

In the United States, medical malpractice lawsuits first happened in the 1800s. History shows that legal claims for medical malpractice were rare before the 1960s, and it had little impact on the practice of medicine then.

However, since the 1960s, the frequency of medical malpractice claims has increased; and today, lawsuits filed by aggrieved patients alleging malpractice by a physician are common in the U.S

Are you a victim of medical errors, or do you need information? In this article, we will look at some facts you should know about this costly negligence.

Top 7 causes of medical malpractice

Medical Malpractice

Almost 50% of physicians aged 55 and older have been sued vs only 8% of physicians aged 40 and younger. Furthermore, female physicians are less likely to get sued due in part to differences in age and specialty.

Fortunately for physicians and healthcare institutions, 68% of claims were dropped, dismissed, or withdrawn in 2015. Of the 7% of the medical liability claims that eventually did go to trial, 88% were won by the defendants. In other words, suits are common but wins by plaintiffs are uncommon.

Let’s take a look at seven top causes of medical malpractice lawsuits.