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Surgical Medical Errors Leading to Harm

Alarming Statistics

In 1999 the Institute of Medicine, in To Err is Human Report estimated 98,000 patients die each year in hospitals due to medical errors.

 

In 2009 the US Dept. of Health & Human Services estimated that 1.7 million healthcare associated infections (HAIs) occur each year, contributing to 99,000 deaths.

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Although harm doesn't always result in death, it can cause short and long-term disabilities. Healthcare providers are required to disclose errors leading to patient harm. If errors result in harm EvaluCare helps answer questions you have.

Malpractice State Claim Information

96.5% of Claims Settled Out of Court

The National Practitioner Data Bank tracks payouts for medical malpractice claims. According to the 2018 data, 96.5 percent claims for medical malpractice are settled out of court. Only 3.5 percent are a result of a judgement. In 2018 over $4 billion was paid out in settlements, at an average cost of $348,065 per claim. This information doesn't include data on patients who were harmed who never file a claim.

 

To help you identify if harm occurred, it must be establish that a healthcare provider had a duty of care owed to you, that there was a breach of that duty and that breach caused an injury.  

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For non-healthcare entities to determine this is not easy,  

 

EvaluCare medical, quality, research experts will partner with you to get answers. 

Not all errors are medical malpractice, but some errors may be worthy of compensation. Fair settlements benefit plaintiffs, defense attorneys, hospitals and health systems alike. Settlements=accountability

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Doctor may disclose harm to Patients but not the cause or negligence

Facts about Disclosure Laws

Do you know that if a healthcare error is made during the course of care that a healthcare provider is required to disclose the error? Did you know that facts about the error may be disclosed but specifics on the deviations of care that led to it may not?

 

The ethics of disclosure is not clearly defined, as such variation exists in the level of information provided. 

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An in-depth review of care may not be enough to obtain that information. Formal discovery and depositions surrounding deviations may be necessary. When we partner with you after a disclosure is made due to an error, ​

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