Thirty-four studies conducted over the past two years, fifteen of them in the United States, have suggested that the majority of malpractice suits can be traced back to human error. New Jersey residents may be surprised to note that most medical malpractice cases filed against primary care doctors are filed as a result of a missed diagnosis or an error in drug prescription. The overriding study, published on July 18 of this year, also states that malpractice filings have remained relatively constant over the last two decades.
According to the study, missed diagnoses seemed to be the most common complaint in malpractice suits, accounting for anywhere from 26 to 63 percent of claims filed against primary care doctors. The most commonly misdiagnosed ailments among adults included cancer, heart attacks and ectopic pregnancy, while among children meningitis and cancer topped the list. Sadly, the most common consequence of such misdiagnoses was death, in at least 15 percent of all cases.
Drug errors accounted for the second most common reason for malpractice cases. It is estimated that between 5.6 and 20 percent of all malpractice claims involved a doctor prescribing the wrong medication for an ailment. Perhaps most distressingly, the study suggested that here in the United States, nearly 80 percent of all malpractice claims are dismissed as frivolous.
Medical malpractice, as many New Jersey residents are aware, is a very serious claim to bring before a court. If someone believes a diagnosis was made in error, or that a drug was incorrectly prescribed, it is vital that they seek medical attention immediately. It is also important that they research their rights under state and federal law to seek damages against the practitioner.
Source:Â US News and World Report, “Missed Diagnoses, Drug Errors Are Major Cause of Malpractice Suits,” July 19, 2013
