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Medical Negligence

MEDICAL NEGLIGENCE PREVENTABLE MEDICAL ERRORS Preventable medical errors kill and seriously injure hundreds of thousands of Americans every year. Any discussion of medical negligence that does not involve preventable medical errors ignores this fundamental problem. And while some would prefer to focus on doctors' insurance premiums, health care costs, or alternative compensation systems – anything other than the negligence itself – reducing medical errors is the best way to address all the related problems. Preventing medical errors will lower health care costs, reduce doctors' insurance premiums, and protect the health and well-being of patients. LEADING CAUSES OF DEATH IN UNITED STATES HEART CHRONIC LOWER CANCER STROKE DISEASE RESPIRATORY DISEASES 652,091 559,312 143,579 130,033 PREVENTABLE MEDICAL ERRORS 98,000 ACCIDENTS INFLUENZA DIABETES ALZHEIMER'S DISEASE (UNINTENTIONAL INJURIES) PNEUMONIA 117,809 75,119 71,599 63,001 INJURIES ASSOCIATED WITH MEDICAL NEGLIGENCE CLAIMS 26% DEATH MAJOR PHYSICAL INJURY 15% SIGNIFICANT 39% PHYSICAL INJURY MINOR, EMOTIONL INJURY, 17% BREACH OF CONSENT NO ADVERSE INJURY 3% MEDICAL NEGLIGENCE MEDICAL NEGLIGENCE PAYOUTS VS. PREVENTABLE MEDICAL ERROR DEATHS: 2004-2006 300,000 238,337 200,000 100,000 38,363 PAYOUTS TO DEATHS DUE TO %24 PREVENTABLE VICTIMS OF MEDICAL NEGLIGENCE MEDICAL ERRORS NUMBER OF PHYSICIANS PER 100,000 POPULATION:2009 400 400 349 350 350 288 300 300 250 250 200 200 150 150 100 100 50 50 STATES WITH CAPS STATES WITHOUT CAPS ON DAMAGES ON DAMAGES PREMIUMS WRITTEN VS. PAID LOSSES 2000-2006 $ 5,000- $ 4,000- $ 3,000- $ 2,000- $ 1,000- $0 2000 2001 2002 2003 2004 2005 2006 DOLLARS COLLECTED BY INSURERS: +120.2% DOLLARS PAID BY INSURERS: -14.7% HEALTH CARE COSTS UNITED STATES TOTAL - 2009 6.2% 13.1% 31.3% 30.3% 10.5% 13.1% 0.3% PHYSICIAN & OTHER MEDICAL SERVICES 31.3% | INVESTMENT 6.2% NURSING HOMES & OTHER CARE 13.1% | MEDICAL NEGLIGENCE 0.3% DRUGS & OTHER MEDICAL PRODUCTS 13.1% HOSPITAL SERVICES 30.3% GOVERNMENT ADMINISTRATION, PUBLIC HEA LTH & HEALTH INS. 10.5% Source 1 To Err Is Human: Building a Safer Health System, Institute of Medicine, 1999 2 Deaths/Mortality, 2005, National Center for Health Care Statistics at the Centers for Disease Control, viewed at http://www.cdc.gov/nchs/fastats/deaths.htm. 3 Key Issues, Congressional Budget Office, December 2008, 150-154. 4 Institute for Healthcare Improvement: Campaign- FAQS, Institute for Healthcare Improvement, http://www.ihi.org/IHI/Programs/Campaign/Campaign.htm?Tabld=6. 5 The Fifth Annual HealthGrades Patient Safety in American Hospitals Study. HealthGrades, April 2008. 6 Christopher P. Landrigan et al., Temporal Trends in Rates of Patent Harm Resulting from Medical Care, New England Journal of Medicine, November 25, 2010. 7 Wrong Site Surgery Project, Joint Commisson Center for Transforming Healthcare. 8 Philip F. Stahel et al. Archives of Surgery, 2010:145(10):978-984. 9 National Survey on Consumers' Experiences With Patient Safety and Quality Information, Kaiser Wrong-Site and Wrong-Patient Procedures in the Universal Protocol Era, 2010,145 Family Foundation, November 17, 2004. 10 Tom Baker, The Medical Malpractice Myth, 2005. 11 Alan Levine and Sidney Wolfe, Hospitals Drop the Ball on Physician Oversight, Public Citizen, May 27, 2009, http://www.citizen.org/documents/18731.pdf MEDICAL NEGLIGENCE PREVENTABLE MEDICAL ERRORS Preventable medical errors kill and seriously injure hundreds of thousands of Americans every year. Any discussion of medical negligence that does not involve preventable medical errors ignores this fundamental problem. And while some would prefer to focus on doctors' insurance premiums, health care costs, or alternative compensation systems – anything other than the negligence itself – reducing medical errors is the best way to address all the related problems. Preventing medical errors will lower health care costs, reduce doctors' insurance premiums, and protect the health and well-being of patients. LEADING CAUSES OF DEATH IN UNITED STATES HEART CHRONIC LOWER CANCER STROKE DISEASE RESPIRATORY DISEASES 652,091 559,312 143,579 130,033 PREVENTABLE MEDICAL ERRORS 98,000 ACCIDENTS INFLUENZA DIABETES ALZHEIMER'S DISEASE (UNINTENTIONAL INJURIES) PNEUMONIA 117,809 75,119 71,599 63,001 INJURIES ASSOCIATED WITH MEDICAL NEGLIGENCE CLAIMS 26% DEATH MAJOR PHYSICAL INJURY 15% SIGNIFICANT 39% PHYSICAL INJURY MINOR, EMOTIONL INJURY, 17% BREACH OF CONSENT NO ADVERSE INJURY 3% MEDICAL NEGLIGENCE MEDICAL NEGLIGENCE PAYOUTS VS. PREVENTABLE MEDICAL ERROR DEATHS: 2004-2006 300,000 238,337 200,000 100,000 38,363 PAYOUTS TO DEATHS DUE TO %24 PREVENTABLE VICTIMS OF MEDICAL NEGLIGENCE MEDICAL ERRORS NUMBER OF PHYSICIANS PER 100,000 POPULATION:2009 400 400 349 350 350 288 300 300 250 250 200 200 150 150 100 100 50 50 STATES WITH CAPS STATES WITHOUT CAPS ON DAMAGES ON DAMAGES PREMIUMS WRITTEN VS. PAID LOSSES 2000-2006 $ 5,000- $ 4,000- $ 3,000- $ 2,000- $ 1,000- $0 2000 2001 2002 2003 2004 2005 2006 DOLLARS COLLECTED BY INSURERS: +120.2% DOLLARS PAID BY INSURERS: -14.7% HEALTH CARE COSTS UNITED STATES TOTAL - 2009 6.2% 13.1% 31.3% 30.3% 10.5% 13.1% 0.3% PHYSICIAN & OTHER MEDICAL SERVICES 31.3% | INVESTMENT 6.2% NURSING HOMES & OTHER CARE 13.1% | MEDICAL NEGLIGENCE 0.3% DRUGS & OTHER MEDICAL PRODUCTS 13.1% HOSPITAL SERVICES 30.3% GOVERNMENT ADMINISTRATION, PUBLIC HEA LTH & HEALTH INS. 10.5% Source 1 To Err Is Human: Building a Safer Health System, Institute of Medicine, 1999 2 Deaths/Mortality, 2005, National Center for Health Care Statistics at the Centers for Disease Control, viewed at http://www.cdc.gov/nchs/fastats/deaths.htm. 3 Key Issues, Congressional Budget Office, December 2008, 150-154. 4 Institute for Healthcare Improvement: Campaign- FAQS, Institute for Healthcare Improvement, http://www.ihi.org/IHI/Programs/Campaign/Campaign.htm?Tabld=6. 5 The Fifth Annual HealthGrades Patient Safety in American Hospitals Study. HealthGrades, April 2008. 6 Christopher P. Landrigan et al., Temporal Trends in Rates of Patent Harm Resulting from Medical Care, New England Journal of Medicine, November 25, 2010. 7 Wrong Site Surgery Project, Joint Commisson Center for Transforming Healthcare. 8 Philip F. Stahel et al. Archives of Surgery, 2010:145(10):978-984. 9 National Survey on Consumers' Experiences With Patient Safety and Quality Information, Kaiser Wrong-Site and Wrong-Patient Procedures in the Universal Protocol Era, Family Foundation, November 17, 2004. 10 Tom Baker, The Medical Malpractice Myth, 2005. 11 Alan Levine and Sidney Wolfe, Hospitals Drop the Ball on Physician Oversight, Public Citizen, May 27, 2009, http://www.citizen.org/documents/18731.pdf

Medical Negligence

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Preventable Medical Errors kill and seriously inure hundreds of thousands of Americans every year. Any discussion of medical negligence that does not involve preventable medical errors ignores this fu...

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