Medical Mistakes Equal Medical Malpractice?

Is a medical mistake considered to be medical malpractice? Most lawyers will tell you that a simple mistake without an injury is not malpractice. But, there are plenty of injuries that do result from medical malpractice. Medical malpractice statistics are appalling. For instance, an estimated 225,000 people die each year from some form of medical malpractice, ranging from incorrect diagnoses to surgical error. It is the third leading cause of death in this country. And yet, only two percent of victims file a claim for medical malpractice and even fewer ever receive any form of compensation. The Institute of Medicine estimates that 1.5 million patients are injured every year because of medication errors. Far less than 2 percent of the victims file a claim for medical malpractice. Why? One reason is that is difficult to prove medical malpractice. Most states have laws that require an expert opinion before a lawsuit is filed. In addition, many states limit recoveries, thus discouraging small claims. I also think that most people don't want to file a lawsuit, they just want to get better and they want their doctor to help them.

Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro


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