Hospital Malpractice

When a hospital's medical faculty participates in inappropriate or inconsiderate treatment of a patient, and the patient is injured, this is referred to as hospital malpractice. In a situation of this sort, the level of care is not up to the same standards that trustworthy medical professionals elsewhere in the community. A hospital's medical team is composed of more than just physicians, as it contains nurses, pharmacists, technicians, etc.

Types of hospital malpractice

There are different kinds of hospital malpractice, but the more common examples include:

Inaccurate diagnosis.
Patient neglect and refusal to offer treatment.
Ignoring a patient to the point that their condition becomes unstable.
Failing to send a patient to a specialist if the current physician's care is insufficient.
Failing to order obligatory diagnostic tests to help determine treatment options.
Administering the incorrect medication or amount of a drug.
Erroneous use of anesthesia.
Misuse of medical equipment.
Pointless or nonconsensual surgery.
Infection caused by not adhering to hospital protocol.

By the numbers

Statistics concerning the number of injuries and deaths that can be blamed on hospital malpractice are somewhat of a mystery among the medical community. The US does not have a central database where information is stored concerning the annual number of preventable injuries and deaths in hospitals, However, a report from the year 2000 issued by the Institute of Medicine entitled To Err is Human estimated that 98,000 patients die a year due to medical blunders. In July 2001, a study published in the Journal of the American Medical Association calculated that greater than close to a quarter of active-care patient deaths were potentially preventable.

Another report issued in 2001 by the Bureau of Justice Statistics stated that 1,156 medical malpractice cases were tried in the 75 of the highest populated counties. 90 percent of these cases involved a patient who was disabled for life or died as a result of negligent medical care. Only 27 percent of claimants won their lawsuits, compared to 52 percent of those involved in tort cases. However, the mean damage award, $425,000, was significantly higher than the average tort compensation of $27,000. These facts only take into account the cases that were decided by jury--not the ones settled outside the courtroom.

When a treatment plan fails a patient, it can easily be misinterpreted as malpractice. Keep in mind that most of the time, physicians and their staff exhaust all methods of treatment, and the patient still suffers immensely or passes away. If you are under the impression that you or someone you love is part of the minority that is treated unfairly during a hospital stay, it is best to contact a medical malpractice lawyer immediately. An attorney will review the details of your case and assist you with the decision whether to file a claim.

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