3 Unbelievable Facts About Medical Malpractice

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Battling the Myths of Medical Malpractice

Fact 1. Medical malpractice happens often.

Annually, it is estimated that anywhere from 40-80,000 individuals die as a result of medical malpractice.  From simple errors with very little repercussion, to catastrophic tragedies – Medical malpractice occurs on a daily basis across the country.

As the victim of medical malpractice, it is important to seek help. Your health care providers, insurance companies and even family and friends can perpetuate the falsehoods and guilt surrounding medical malpractice. The bottom line is if you have suffered an injury as a result of someone else’s negligence, they deserve to pay.

A large part of what I do as an experienced medical malpractice attorney is to educate my clients and their loved ones! Medical malpractice is not preying on the human aspect of health care – Every physician and health care professional will lose a patient or have an unpredictable scenario come into play.

Medical malpractice claims ensure careless, negligent individuals are held accountable.

Fact 2. Malpractice claims DO NOT drive up healthcare costs or drive up insurance rates, driving out the good doctors.

Being bullied by the insurance industry and folklore surrounding medical malpractice is the foundation of many thought processes on the topic.  Decent, law abiding citizens in general are not confrontational, and will avoid causing issues – Even at the expense of a lifetime of pain and suffering or worse – the loss of a life. Financial falsehoods only serve to perpetuate this behavior.

The cost of malpractice insurance is a FRACTION of the costs caused by medical malpractice and other errors.  Conservatively, costly medical errors and malpractice is about 50% higher than the cost of medical malpractice insurance – and that is a low estimate.

Furthermore, the results and continuity of care required after a medical mistake can be a burden on the tax payers, not on the healthcare system or insurance. Malpractice related insurance payouts are less than a single (1) percent of all costs related to insurance and healthcare in the US. This has remained consistent for almost two decades, and we still see rising costs and blame in our insurance rates each year.

Trust me when I tell you, even the good physicians are not opposed to legitimate medical malpractice claims – Bad doctors give a bad reputation to any health care institution.

Fact 3. Doctors are not always investigated and/or disciplined by a medical board.

In Ohio for example, a physician may or may not be reported, investigated or disciplined by the Ohio state medical board.  How is this possible?

Similar to other crimes and criminal activity, reporting it can be the difference in preventing future occurrence. Holding a negligent medical professional accountable can save a life in the future.

If you or a loved one have been the victim of medical malpractice, call me immediately. As your Ohio medical malpractice attorney, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving ClevelandAkron/CantonColumbusDayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373

Outpatient Medical Misdiagnosis

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1 in 20 Patients are Estimated to be Misdiagnosed

Medical misdiagnosis is a huge problem!  It is important to understand that misdiagnosis is not limited to hospitals – misdiagnosis routinely occurs in outpatient settings as well.

It is estimated that 12 million outpatients are misdiagnosed annually in the US.

Hundreds of millions of patients seek outpatient care annually, so a 5% misdiagnosis rate doesn’t seem too bad – that is until you realize this means millions and millions of patients are misdiagnosed.  10-15% of patients are estimated to be misdiagnosed in a hospital setting.

Of the 12 million patients that are misdiagnosed in outpatient care, it is estimated that over half will have severe or deadly complications as a result. This statistic far exceeds those that are misdiagnosed in hospital settings, arguably due to the fact that the misdiagnosed patient is simply sent home without continued monitoring or care, in contrast to patients misdiagnosed in a hospital setting.

As a patient receiving outpatient care, it is important to monitor your symptoms, discuss your history and communicate with your healthcare provider.  Unfortunately, regardless of your thoroughness and due diligence, misdiagnosis can still occur. Outpatient facilities can be overwhelmed with tight schedules and resources, and as a result patients pay the ultimate price. Follow your ‘gut’ so to speak; if you feel you have been misdiagnosed  seek a second, third, fourth and fifth opinion if necessary.

Understand your rights, contact me today!

As your Ohio medical malpractice lawyer, I’ll be there for you, and I’ll Make Them Pay!®
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Medical Negligence – Wrong Site Surgeries

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Medical Malpractice – Wrong Site Surgery

Many people think surgery on the wrong body part is something that occurs in movies or stuff urban legends are made of. In today’s high tech world it seems inconceivable that wrong site surgeries still occur!   Unfortunately, these situations do happen in real life – an average of 40 or more times per week across the US!

Many will claim that these numbers are inflated, but instances of wrong site surgeries must be reported. The issue is these numbers are not readily available for public consumption. Regardless, wrong site surgeries can, and do yield tragic consequences.

Carelessness, Miscommunications and Negligence lead to Wrong Site Surgeries

It is difficult to understand how such a terrible mistake can occur on the operating table. How can an individual with years of medical training, surrounded by a team of other similarly intelligent people make such an egregious error? Patients and their families are devastated. Once the initial shock wears off they are left to deal with a second medical issue since their primary medical issue was never resolved

In medical facilities, preventative measures are in place with repetitive confirmations on who the patient is, what they are there for – and even as far as to physically draw on the area on operation day prior to the procedure. Make no mistake, wrong site surgeries occur due to carelessness, and are never your fault as the patient! As your medical negligence lawyer, my goal is to obtain fair compensation for you and to make sure this never happens again by holding the responsible parties accountable for their actions.

Examples of Wrong Site Surgeries

Many resources claim that the most common types of wrong site surgeries are in orthopedic or ocular (eye) procedures. This could be a simple case of ‘switched sides’ in which a patient is scheduled for a procedure on the left and mistakenly has the operation completed on their right side. Other examples include mix-ups that are completely unrelated, or in severe occurrences, wrong amputations or surgeries completed on the completely wrong patient leading to lifelong impact or even death.

Repercussions can include a long, expensive road to recovery. Not only have I seen clients that have to recover and rehabilitate from having an erroneous procedure – but they also face complications resulting from not having the proper procedure done in the first place.

I will fight to get you or your loved one fair compensation and hold the doctors, nurses and medical facility accountable.

As your Ohio medical negligence lawyer, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.