Unbiased studies have established that close to 100,000 people are killed each year in this country as a result of medical malpractice.  That means that more people die in this country from medical errors than from AIDS or breast cancer; this is twice the number of people killed by firearms and twice the number of people killed by automobile accidents.  The number killed by medical errors is roughly equivalent to a commercial jet full of passengers crashing twice a day, every day of every week, of every month, for an entire year.  In addition to the death toll, another 400,000 Americans are injured as a result of medical negligence every year.

In 1999, the Institute of Medicine, which is part of the National Academy of Sciences, published the results of a landmark study into medical negligence.  The Institute of Medicine reported that as many as 98,000 people die in (just) U.S. hospitals every year as a result of medical errors.  The study did not include the people who die outside of hospitals as a result of medical errors.  The Institute of Medicine's report estimated that more than half of the "adverse medical events" occurring each year are a result of "preventable" medical errors.  The cost associated with those errors to our economy, in lost income, disability, and health care costs, is approximately $30 billion dollars annually.

The Institute of Medicine's study reached conclusions almost identical to a Harvard University study published in 1991.  Harvard University reviewed patient records from 31,429 patients, drawn from 51 New York State hospitals.  Based upon their results, it was estimated that medical malpractice kills approximately 80,000 people each year in this country.  Harvard University concluded that 27% of all "adverse events" occurring in those hospitals were caused by medical negligence.

It is now well known, and well established, that less than 5% of doctors are responsible for more than 50% of malpractice lawsuits.  In spite of the fact that a U.S. government report estimates that approximately 10% of doctors should be disciplined, only six-tenths (0.6%) of one percent are disciplined by the states in which they practice.

Other studies have been more specific.  A study involving 800,000 surgeries in Massachusetts, over a 16-year period, established the basis for an estimate that surgeons accidentally leave clamps, sponges, and other tools inside 1, 500 patients each year.  A study of 36 hospitals and nursing homes in Colorado and Georgia revealed that medication errors occur in nearly 1 of every 5 doses in a typical hospital.  This amounted to almost two errors per patient, per day.  Out of those, 7% of the errors were considered to be potentially harmful, amounting to 40 potentially harmful drug errors per day, per hospital.  It is estimated that 7,000 hospitalized patients die per year because of medication errors.

At Brown Chiari, we handle more claims for victims of medical malpractice than any other law firm in Western New York.  These claims involve almost innumerable different kinds of medical malpractice, ranging from medication errors to surgical errors, failures to diagnose to failures to treat, and inadequate evaluation to inadequate follow-up. 

There are many things that you as the patient/consumer can do to protect yourself from medical errors.  Select a caring, compassionate doctor.  Check around.  Ask friends and other doctors about the physician you are with, or are considering.  If you know an attorney or Judge, ask him or her.  Be proactive.  Ask questions.  If your doctor cannot answer your questions, or is unwilling to take the time to answer your questions, that is a bad sign.  If you do not feel that you can advocate effectively on your own behalf, bring a friend or relative with you, preferably someone who has been through the same experience, or who has some medical knowledge.  When you talk to your doctor about your condition, complaints, and history, be thorough.  It is often helpful to write all of this information down ahead of time, as well as any questions you might have.  Trust your instincts.  If what your doctor tells you doesn't make sense, or just doesn't "feel" right, tell him or her.  If you are still not satisfied, get a second opinion.  If you need legal advice, we can help.