Medical malpractice continues to be a contentious issue, despite the seemingly low volume of lawsuits initiated each year. With merely 17,000 medical malpractice lawsuits filed out of over 40 million total lawsuits across the country, one might question why it attracts so much focus. Nonetheless, a closer examination of the statistics unveils a more alarming reality, illuminating why this matter requires attention.
A notable medical malpractice law firm posits that the actual count of lawsuits should be much greater, stressing that medical malpractice ranks as the third leading cause of mortality in the U.S. The financial burden of filing a malpractice claim discourages frivolous lawsuits; however, this firm achieves over $100 million in settlements and verdicts every year. They assert, “If we don’t win, you don’t pay,” positioning themselves as protectors against possible medical negligence.
The regulations governing medical malpractice are intricate. The National Practitioner Data Bank (NPDB) indicates only 11,440 medical malpractice incidents, hinting that a substantial number, totaling 5,560 lawsuits, remain unreported annually. The NPDB generally reports cases that are favorable to plaintiffs, claiming that unreported cases, which are beneficial to defendants, lack substance and are therefore frivolous. Yet, this perspective is countered by the claim that most unreported cases are valid but do not lead to favorable resolutions for plaintiffs.
Data from the American Medical Association illustrates an even more intricate scenario, revealing that NPDB-reported cases constitute only a third of all malpractice lawsuits. This could imply that approximately 35,000 malpractice cases are filed each year—over twice the figure mentioned by certain law firms. These inconsistencies prompt inquiry into the actual extent of frivolous lawsuits and underscore the possibility of legitimate claims being overlooked.
Unofficial estimates propose that around 85,000 malpractice lawsuits are initiated every year, with the NPDB receiving reports on 66,000 of these, yet only documenting 22,000. Clearly, the true figure of malpractice lawsuits is difficult to ascertain, challenging the belief that frivolous lawsuits are insignificant.
From a doctor’s viewpoint, these lawsuits represent a considerable hazard. For instance, an OB/GYN like Howard Smith encounters an annual malpractice risk of 10%, potentially leading to a lawsuit every 8.5 years, many of which are unsubstantiated.
To tackle this, Smith created a decision-making strategy known as CCC+C (collate, compare, calculate, certify), designed to distinguish between frivolous and legitimate lawsuits. By applying this method, Smith successfully dismissed a baseless claim, showcasing its potential usefulness for other physicians facing similar legal predicaments.
Ultimately, medical malpractice litigation persists as a vital and contentious topic within the medical field, emphasizing the necessity for accurate data and a fair approach to safeguard both patients and healthcare providers. Given the prospect of legal disputes and the significant ramifications of malpractice, these lawsuits warrant thorough scrutiny and evaluation.