Medical Malpractice Claims in New York

Whitney Taylor | May 21st, 2013

Medical Malpractice ClaimsA recent analysis of medical malpractice claims found that five states in the U.S. were responsible for the large majority of malpractice payouts in 2012. According to Diederich Healthcare, the company that conducted the analysis, New York, Pennsylvania, California, New Jersey and Florida accounted for nearly half (48%) of all the payouts in medical malpractice lawsuits during that year. The analysis was based on figures from the U.S. Department of Health and Human Services’ National Practitioner Data Bank.

Payouts for medical malpractice claims total billions

The Diederich Healthcare’s 2013 Medical Malpractice Payout Analysis found that a total of $3.6 billion was paid out in medical malpractice lawsuits during 2012. That amount was divided into 12,142 total malpractice lawsuit payouts or one payout every 43 minutes throughout the year. Nearly all (93%) of the payouts came from settlements, while 7% were awarded through jury verdicts.

New York had the highest number of payouts from medical malpractice claims in the country, with a total of more than $763 million. Pennsylvania came in next with more than $316 million, followed by California at nearly $223 million. New Jersey followed with more than $206 million, with Florida rounding out the top five with over $203 million.

Most of the medical malpractice payouts were related to diagnosis (33%), with the majority involving failure to diagnose. Nearly one-fourth (24%) entailed surgical mistakes and another 18% were related to treatment. The rest of the payouts were obstetrics related, with smaller numbers attributed to medication, monitoring and anesthesia.

Male patients made up 43% of all medical malpractice payouts in 2012, with the majority of those men falling between the ages of 40 and 59. Female patients accounted for 57% of malpractice payouts, with the bulk coming from the same age bracket. Death of the patient was the top reason for malpractice payouts at 31% of total payouts, followed by significant permanent injury and major permanent injury. A small number of patients received payments for temporary injuries and emotional injury only.

Medical malpractice claims in New York

More than 1.3 million people are injured each year as a result of medical malpractice. Common causes for medical malpractice lawsuits include diagnostic mistakes, negligence during surgery, mistakes during labor and delivery, and anesthesia errors. In New York, there are a number of factors that can impact a medical malpractice claim, including whether the patient can prove the doctor deviated from the accepted standard of medical care. In addition, the patient must show the injuries suffered were a direct result of that deviation.

Because the burden of proof lies on the plaintiff in these cases, it is important to contact an experienced New York medical malpractice attorney to help you pursue justice for your injuries. The Sanders Firm has helped malpractice victims for more than four decades. Our professional staff works with those who have been injured through no fault of their own to pursue compensation for pain and suffering, medical bills and economic losses.

If you or a loved one has been injured through medical malpractice or hospital negligence, contact the Sanders Firm today. We offer residents of Queens, Long Island, Manhattan, the Bronx, Brooklyn and Staten Island free case evaluations.Call us today at 1.800.FAIR.PLAY (800.324.7752).

Physicians Money Digest, States with the Largest Medical Malpractice Payouts, http://www.physiciansmoneydigest.com/practice-management/States-with-the-Largest-Medical-Malpractice-Payouts-LBJ