Medical Malpractice Cases in 2021

Medical Malpractice Cases in 2021

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Medical Malpractice Cases in 2021

If you or a loved one experienced an injury due to medical malpractice, you could sue the responsible medical provider or hospital and receive damages. However, you only have limited time to make your claim. Our tenacious medical malpractice lawyers could help you recover a fair settlement. Discover your options now, and contact us for a free case evaluation.

Unfortunately, medical malpractice cases are common in the US. According to a study by Johns Hopkins Medicine, medical errors are now the third-leading cause of death in the country, behind only heart disease and cancer. Around 250,000 people die from medical errors yearly, the equivalent of a jumbo jet crashing daily. Read on to learn about some of the most famous medical malpractice cases in 2021.

Significant 2021 Medical Malpractice Cases

Patients have the right to expect a good standard of care from medical providers such as doctors, dentists, nurses, and others. However, many medical malpractice claims are filed nationwide each year, suggesting that medical negligence is a growing problem. Some of the most significant medical malpractice claims in 2021 include:

Virginia Ob/Gyn Sentenced to 59 Years in Prison

Early in 2021, a jury convicted former Chesapeake doctor Javaid Perwaiz to 59 years in prison. Perwaiz embellished test results and performed unnecessary surgeries, such as hysterectomies and sterilizations, to obtain payments from healthcare benefit programs.

According to The United States Department of Justice, Perwaiz would lie to patients, telling them that they had cancer or needed certain invasive procedures to avoid cancer, getting them to agree to the unnecessary surgeries. Moreover, the operations often occurred quickly after the false diagnoses. He was ultimately convicted on 52 counts of healthcare fraud and false statements.

The consequences for victims were horrific physically and mentally, with some unable to have children after enduring these unnecessary invasive procedures.

Doctor Charged With Five Counts of Manslaughter

George Blatti, 75, a former physician at Rockville Center, was initially arraigned on five counts of murder and 11 counts of reckless endangerment in 2021. However, a judge recently reduced the murder charges to five counts of manslaughter.

Blatti is accused of causing the deaths of five drug-addicted patients by prescribing them large amounts of medications, including opioids. After losing access to his office, Blatti allegedly saw patients in his vehicle, prescribing medications without first examining patients or reviewing their medical records.

Coronavirus-Related Medical Malpractice Lawsuits

During the COVID-19 pandemic, medical malpractice claims initially focused on nursing homes and other long-term care facilities. However, patients and the families of deceased patients also sued medical providers for misdiagnosis, delayed diagnosis, and other negligent conduct. A 2021 article published by the American College of Cardiology (ACC) states that, at the time, its members were implicated in 40 COVID-19-related claims.

Institutional Medical Neglect Claims

The Arizona Department of Corrections, Rehabilitation, and Reentry (ADCRR) is implicated in a large medical malpractice lawsuit involving at least a decade of neglect and mistreatment of incarcerated individuals in its care. Instances of medical negligence committed by the department allegedly include:

  • Preventable deaths
  • Neglect of a paraplegic man who suffered significant health deterioration
  • A man dying of untreated and undiagnosed lung cancer despite the existence of imaging showing cancer
  • Ignoring a woman’s multiple sclerosis until she was practically paralyzed

What Qualifies as Medical Malpractice?

Medical malpractice can arise in various circumstances and occurs when a healthcare professional deviates from the general standard of care. In other words, a doctor may be responsible for your injury if their care is substandard compared to other medical professionals in the same circumstances. In court, medical experts are typically called upon as expert witnesses to determine whether the defendant was negligent and responsible.

Patients who suffered injuries and financial damages due to a healthcare provider’s negligent or reckless conduct could qualify for a considerable settlement.

Common Medical Malpractice Claims in 2021

While medical malpractice can come in many forms, some of the cases we see in our practice include:

Misdiagnosis and Late Diagnosis

Misdiagnosis occurs when a medical professional diagnoses the wrong condition or fails to diagnose a disease altogether. If a doctor misdiagnoses your disease, they not only neglect to treat your actual condition, but you may also receive the wrong treatment, which could cause additional injury or illness. You may also be given the wrong medication and suffer from detrimental side effects. Moreover, patients with severe diseases, such as cancer or an infection, could die due to a misdiagnosis or late diagnosis.

Prescription and Medication Errors

When a medical professional prescribes the wrong drug or administers the wrong medication dosage, the consequences can be life-changing for a patient. In some cases, medication errors cause deaths. Medication mistakes can include the following:

  • Prescribing the wrong medicine
  • Prescribing an incorrect dosage
  • Failing to check a patient’s medical records and recognize potential allergies or dangerous drug interactions
  • Failing to recognize or prevent addictions and abuse of medications

Surgical Mistakes

Surgery always carries risks. However, if a physician, nurse, or anesthetist makes a significant avoidable error in surgery, you could have legal recourse. Surgical errors can involve the following and others:

  • Operating on the wrong side or the wrong patient
  • Unnecessary operations
  • Failing to sterilize surgical tools and equipment properly
  • Leaving surgical equipment in a patient’s body
  • Administering too much or too little anesthesia
  • Failing to monitor a patient during and after surgery
  • Lack of aftercare and early discharge

Birth Injuries

Birth injuries, unlike birth defects, are avoidable and can be due to a doctor or nurse’s negligence. For example, if a doctor fails to recognize fetal distress and delays an urgent C-section, the baby could suffer a brain injury or permanent brain damage. Birth injuries can also occur when a physician incorrectly uses excessive force or assistive devices, such as forceps or vacuum pumps.

This list is not exhaustive, and there can be many other instances of medical malpractice in the healthcare sector. If you or a loved one is affected, Morgan & Morgan could help you fight for justice and compensation.

Compensation You Could Win in a Medical Malpractice Claim

Every medical malpractice lawsuit is unique. Moreover, some states have set caps on the damages victims can recover. Therefore, it can be impossible to generalize or determine an average medical malpractice settlement amount. However, depending on the scope and severity of your injuries, you could be entitled to various economic and non-economic damages.

Economic Damages

Economic damages are designed to reimburse medical malpractice victims for their financial losses, such as:

  • Medical expenses
  • Lost wages
  • Out-of-pocket costs in connection with the injury

Non-Economic Damages

Non-economic damages relate to the pain, suffering, and other intangible damages a victim may experience after a significant injury. You could be entitled to awards for:

  • Physical pain and anguish
  • Emotional distress
  • Reduced life enjoyment
  • Permanent disability

You could also qualify for additional damages depending on your specific medical malpractice case.

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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

  • What Was the Average Settlement in Medical Malpractice Cases in 2021?

    According to the most current medical malpractice payment report by the National Practitioner Databank from 2018, the average medical malpractice settlement was $348,065. However, in reality, settlements from medical malpractice claims can differ widely. Payouts depend on the following factors:

    • The severity and type of your injury
    • The extent of your pain and suffering
    • Your medical costs, such as medications, treatments, and rehabilitation
    • Your financial losses, such as loss of wages and future wages
    • The medical professional’s degree of negligence
    • The impact the injury has on your day-to-day life
    • Your expenses for required changes to your home and vehicle
    • The costs of medical devices and equipment, such as a wheelchair

    If you cannot recover an adequate out-of-court settlement through negotiation, the court will decide on the compensation you will receive. A seasoned medical malpractice attorney from Morgan & Morgan can fight for the maximum compensation in your medical malpractice claim.

  • How Can a Medical Malpractice Attorney Help Me?

    If you or a family member experiences an injury or illness related to a medical mistake, a medical malpractice attorney can determine whether you qualify for a lawsuit. If you do, your attorney can then move forward with your claim and:

    • Identify the liable party or parties
    • File the lawsuit
    • Gather evidence to build and prove your case
    • Calculate your damages and the worth of your claim
    • Interview witnesses
    • Engage expert witnesses to testify on your behalf
    • Fight for what you deserve at trial

    A seasoned medical malpractice lawyer can help you receive damages for your medical expenses, lost pay, and other expenses. Moreover, if you take action and fight medical negligence with tenacious legal representation, you may prevent other individuals from getting hurt by a negligent medical professional.

  • Could I File a Claim When My Loved One Dies Due to Medical Negligence?

    If your loved one died due to a doctor, nurse, or medical facility’s negligent conduct, you could have a wrongful death claim and file a lawsuit. Damages recoverable in wrongful death lawsuits can vary, depending on your state. However, you could recover:

    • Burial and funeral costs
    • Loss of companionship
    • Loss of income and benefits
    • Loss of services

    If you suspect your relative died due to medical malpractice, determine your legal options with an attorney as soon as possible. The time to file a wrongful death claim could be limited, depending on where you live.

  • What Is Morgan & Morgan’s Track Record With Medical Malpractice Claims?

    Morgan & Morgan has the resources and specialized attorneys to handle all types of medical malpractice cases. Our track record with medical malpractice claims is extensive and impressive. We have won several multi-million-dollar verdicts and settlements in various medical negligence cases recently, including for:

    • Late and missed diagnosis
    • Medication errors
    • Birth injuries

    If you or a loved one got hurt due to an avoidable medical mistake, get America’s largest personal injury firm on your side today, fighting for what you deserve.

  • Do I Have to Pay to Bring a Medical Malpractice Lawsuit?

    Fortunately, victims of medical malpractice can usually hire an attorney on contingency, meaning they do not have to pay the attorney unless and until they win. However, the legal expenses for medical malpractice claims, such as court filing costs, deposition expenses, and expert witness fees, can be astronomical. Moreover, medical malpractice claims can drag on for a year or more, with costs accruing accordingly. Some law firms charge their clients when these legal expenses become due. Non-payment could mean that the attorney stops working on your claim.

    When Morgan & Morgan takes your case, you pay nothing until we resolve the lawsuit in your favor, and you receive compensation. Therefore, you pay nothing to bring a medical malpractice lawsuit when we handle your case.

  • When Should I File a Medical Malpractice Case?

    The deadline for medical malpractice claims varies from state to state and could be as short as one year from your medical negligence injury. Missing the deadline could bar you forever from recovering compensation for your injuries and financial losses. Therefore, consider contacting a medical malpractice lawyer as soon as possible to give yourself the best chance of recovering what you need to get your life back on track.

  • Morgan & Morgan Fights Hard for Injured Patients

    Some of the well-known medical malpractice cases in 2021 can be shocking. However, we see the devastating effects of significant medical errors every day. You should not have to pay for a doctor’s mistake. Morgan & Morgan knows victims rely on fair settlements to pay for their spiraling medical costs and other expenses.

    We understand what you are going through, and our motivated medical malpractice attorneys can fight vigorously for the best possible outcome of your case. Morgan & Morgan has the resources and stamina to stand up to medical facilities and doctors and help injured victims recover their due. Contact us today to determine your next best steps in a free case evaluation.

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