Insight

Medical Errors Third Leading Cause of US Deaths

Medical Errors Third Leading Cause of US Deaths

Annamarie Bondi-Stoddard

Annamarie Bondi-Stoddard

May 1, 2019 12:59 PM

The Corridor: Journal of Strategic Alliances, Spring 2017 Issue

by Annmarie Bondi-Stoddard, Esq.

Medical Errors Third Leading Cause of US Deaths

When faced with an unexpected outcome from a medical diagnosis, or a medical treatment or procedure, patients and their families want to know if anything may have been done wrong, especially when left with a clear or potential life-altering injury. As a result of such injuries, which include medical bills, loss of income, and the need for home care, Individuals and families often face a tremendous financial burden. If medical negligence, which is also known as medical malpractice, was involved, a patient needs to prove two things: that there was substandard care, and that the care caused a serious, otherwise avoidable injury. If there is a basis to support a claim of medical negligence, a patient has a right to seek compensation for the wrongdoing. The time limits for filing a law suit, known as the statutes of limitations, are laws which dictate the time in which a lawsuit must be commenced. In New York, the type of health problem, the entity that caused the avoidable medical error, and whether the patient is alive or has died, all play a key role. Once the statute of limitations has expired a law suit cannot be brought; thus if medical negligence is suspected, action must be taken quickly. In order to determine if something serious happened during medical treatment which should not have occurred, had the medical treatment been up to the prevailing standards of care, it is necessary to gather all of the pertinent medical records and information. The process can be quite onerous. Once the records are gathered, not only do they need to be reviewed and scrutinized by legal professionals well versed in medical negligence cases, but most importantly, the records must be reviewed by qualified doctors and often other medical professionals, who are experts in their fields, to determine if the care was proper, appropriate and up to the standards of medical care for the particular condition and treatment. If the experts determine that avoidable mistakes were made, correlating to the injuries or poor health suffered, only then can a lawsuit be brought. The actual litigation process can often be lengthy. The attorneys for the patient need to identify the actual health care providers who made the avoidable medical mistakes, in order to file the lawsuit naming the proper parties involved. Then, the “discovery” process begins. That process includes obtaining evidence documents such as medical records, X-rays, radiological studies, and the taking of oral and written testimonies from all the parties involved. The discovery process usually takes a number of months and includes the patient and/or minor’s parents being interviewed, and each medical care provider being questioned. Once the discovery process is completed, the Court is notified that the patient’s attorneys are ready for trial. Often the Court schedules discussions, known as conferences, to see if the parties can resolve the matter by way of settlement, rather than having a court trial. If the defendant’s legal advisors feel confident that the plaintiff’s attorneys have proven that there was indeed, substandard care and that it caused a serious injury, it is common for the medical malpractice case to resolve before a trial in court becomes necessary. If a trial does become necessary, the patient’s trial attorney will spend considerable time preparing. Depending on the complexity of the case, a trial itself can take a couple of weeks to months. Cases can be settled during the trial process as well, but if not, then a jury will hear the case in court, and come to a verdict, based upon the evidence presented, either for the patient or the defense. For a jury to determine in favor of the plaintiff, they must decide that there were deviations or departures from the standard of care that caused an otherwise avoidable injury to the patient. The jury assigns a monetary value to the injury suffered. The jury also determines the value of other losses which can include pain and suffering, loss of enjoyment of life, lost wages, medical costs, and in case of a death, certain losses to spouse and children. In the end, while the process involved to be successful in a medical malpractice can be arduous, most patients and their families often gain a sense of peace in knowing they have helped healthcare be safer for others. ######################

Related Articles

What Exactly Does a Medical Negligence Lawyer Do?


by Best Lawyers

Medical negligence, known as malpractice, happens when healthcare professionals fail to provide the level of care that is required for their patient. In order to hire the right representation for you, here's a list of their key responsibilities.

Medical professional holds pill bottle standing over patient in bed

One of the Greatest Ever...


by Justin Smulison

Steve Yerrid, a top catastrophic injury lawyer, has secured over 300 verdicts of $1M+ and has been recognized as "Lawyer of the Year" multiple times in Tampa.

Lawyer in blue suit poses in office for headshot

Pribanic Secures Milestone Verdict in Rural PA County


by Justin Smulison

Ten-time honoree Victor H. Pribanic secured one of 2023’s most notable verdicts in a Pennsylvania county that historically has not been empathic to plaintiffs.

Lawyer sitting at desk with notepad and laptop

Preventing Malpractice Issues in Pediatric Practice. A Lawyer's Perspective.


by Sean M. Cleary

Despite medical breakthroughs and patient care, hospitals often act as a source of medical malpractice claims, leaving patients in dire need of legal counsel.

Sketch of doctor providing medical care to child

IN PARTNERSHIP

Salvi & Maher, LLP: Legal Leaders in Illinois and Wisconsin


by Justin Smulison

For more than 35 years, Salvi & Maher LLP has defended their clients throughout Illinois and Wisconsin in various areas of personal injury law, including medical malpractice, motor vehicle accidents, premises liability and trucking litigation.

Salvi & Maher Law Firm group in front of legal library and cases of books

IN PARTNERSHIP

Protecting Patients, Families and the Public


by Justin Smulison

Thousands of patients experience unfathomable pain while being treated. Some turn to Koskoff Koskoff & Bieder PC for justice, empathic counsel and results.

Group of lawyers gathering for a firm photo

IN PARTNERSHIP

Protecting and Fighting for Florida’s Future


by Justin Smulison

Trial lawyer and Best Lawyers® “Lawyer of the Year” multiple times, Steve Yerrid discusses how his courtroom results have improved safety and life in Florida.

Lawyer in blue suit smiles for headshot photo

The Benefits of Hiring a Lawyer for Medical Negligence Cases


by Best Lawyers

Best Lawyers assesses the complex nature of medical negligence litigation and why hiring an experienced lawyer could impact the outcome of your claim.

Woman in hospital gown sits on bed

IN PARTNERSHIP

Salvi & Maher, LLP: Illinois and Wisconsin's Personal Injury Firm


by Justin Smulison

For more than 35 years, Salvi & Maher LLP has defended their clients throughout Illinois and Wisconsin in various areas of personal injury law, including medical malpractice, motor vehicle accidents, premises liability and trucking litigation.

Skyline of Chicago with green river and blue background

IN PARTNERSHIP

Emroch & Kilduff: Virginia's Personal Injury & Medical Malpractice Attorneys


by Emroch & Kilduff

For over 40 years, the award-winning Virginia-based firm Emroch & Kilduff has worked to represent their personal injury clients in both state and federal courts.

Skyline with blur background and wide view of park

IN PARTNERSHIP

Needle & Ellenberg: Helping Victims of Medical Malpractice Receive Compensation Throughout Florida


by Needle & Ellenberg

Needle & Ellenberg, P.A. discuss five common types of medical malpractice that can help determine if you have a potential claim.

Doctor with hand on face reviewing scan with another doctor in backdrop

IN PARTNERSHIP

Boston’s Top Legal Team in the Fight to Prevent Medical Errors


by Justin Smulison

Studies show an alarming increase in avoidable medical errors in hospitals. Lubin & Meyer founder and patient safety advocate, Andrew C. Meyer, Jr. is not surprised.

Suited lawyers surround conference table for picture

IN PARTNERSHIP

Leadership and Commitment


by Justin Smulison

Malone Law leader and 2016 Medical Malpractice Law – Plaintiffs “Lawyer of the Year” Adam Malone discusses how his success transcends the courtroom and helps strengthen public and legal communities.

Suited man standing with arm resting on table

Aim High and Fly


by Khalil Abdullah

From a silent victim of hometown segregation to Air Force captain and lawyer of consummate skill, Karen Evans exemplifies leadership—and vows always to help those who seek to follow her path.

Karen Evans' Leadership in the Airforce

Courtroom Mastery


by Justin Smulison

Victor H. Pribanic recalled the excitement of returning to the courtroom in late 2021 for a medical negligence case that could help set a new course for Pribanic & Pribanic’s trial advocacy.

Victor H. Pribanic Makes Return to Courtroom

Pennsylvania’s Best Lawyers 2022


by Best Lawyers

Our Pennsylvania’s Best Lawyers 2022 digital publication features top-ranked legal talent in Pennsylvania.

Pennsylvania’s Best Lawyers 2022

Trending Articles

Introducing the 2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore


by Jennifer Verta

This year’s awards reflect the strength of the Best Lawyers network and its role in elevating legal talent worldwide.

2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore

Discover The Best Lawyers in Spain 2025 Edition


by Jennifer Verta

Highlighting Spain’s leading legal professionals and rising talents.

Flags of Spain, representing Best Lawyers country

How to Increase Your Online Visibility With a Legal Directory Profile


by Jennifer Verta

Maximize your firm’s reach with a legal directory profile.

Image of a legal directory profile

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

Paramount Hit With NY Class Action Lawsuit Over Mass Layoffs


by Gregory Sirico

Paramount Global faces a class action lawsuit for allegedly violating New York's WARN Act after laying off 300+ employees without proper notice in September.

Animated man in suit being erased with Paramount logo in background

The Future of Family Law: 3 Top Trends Driving the Field


by Gregory Sirico

How technology, mental health awareness and alternative dispute resolution are transforming family law to better support evolving family dynamics.

Animated child looking at staircase to beach scene

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

Safe Drinking Water Is the Law, First Nations Tell Canada in $1.1B Class Action


by Gregory Sirico

Canada's argument that it has "no legal obligation" to provide First Nations with clean drinking water has sparked a major human rights debate.

Individual drinking water in front of window

New Mass. Child Custody Bills Could Transform US Family Law


by Gregory Sirico

How new shared-parenting child custody bills may reshape family law in the state and set a national precedent.

Two children in a field holding hands with parents

The Best Lawyers Network: Global Recognition with Long-term Value


by Jamilla Tabbara

Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.

Lawyers networking

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

Finding the Right Divorce Attorney


by Best Lawyers

Divorce proceedings are inherently a complex legal undertaking. Hiring the right divorce attorney can make all the difference in the outcome of any case.

Person at a computer holding a phone and pen

The Future of Canadian Law. Insights from Best Lawyers: Ones to Watch Honorees


by Jennifer Verta

Emerging leaders in Canada share their perspectives on the challenges and opportunities shaping the future of Canadian law

Digital eye with futuristic overlays, symbolizing legal innovation and technology

New Texas Law Opens Door for Non-Lawyers to Practice


by Gregory Sirico

Texas is at a critical turning point in addressing longstanding legal challenges. Could licensing paralegals to provide legal services to low-income and rural communities close the justice gap?

Animated figures walk up a steep hill with hand

Is Your Law Firm’s Website Driving Clients Away?


by Jamilla Tabbara

Identify key website issues that may be affecting client engagement and retention.

Phone displaying 'This site cannot be reached' message

Family Law Wrestles With Ethics as It Embraces Technology


by Michele M. Jochner

Generative AI is revolutionizing family law with far-reaching implications for the practice area.

Microchip above animated head with eyes closed