Are malpractice lawsuits increasing?

Medical malpractice lawsuits have been a significant concern in the healthcare system, and many wonder if their frequency is on the rise. Various studies indicate that while the number of claims fluctuates annually, factors such as increased patient awareness, reporting of medical errors, and complexity of modern medical treatments contribute to a steady number of lawsuits.

Malpractice claims can arise from misdiagnoses, surgical errors, medication mistakes, or failure to provide proper care. The costs of these lawsuits can impact both healthcare providers and patients, influencing insurance premiums and healthcare practices. Understanding trends in malpractice litigation is crucial for patients and healthcare professionals alike, as it highlights the importance of safety protocols, patient advocacy, and timely legal guidance when errors occur.

Hospitals in New Jersey and around the country faced a variety of challenges in 2020, which led to increased medical malpractice lawsuits. Mistakes and other problems could happen when a hospital’s staff becomes overwhelmed, but no excuses suffice to dismiss negligence and poor care. Today, many hospitals and their staffs feel stressed about increased medical malpractice lawsuits. However, the victims might suffer worse.

Medical malpractice troubles

Several reasons factor into the increase in malpractice claims. Overfilling chaotic emergency rooms with numerous patients may confuse overworked staff members. They might mix one patient up with another, prescribe the wrong medicine or forget about a patient’s allergies.

The need for more staff could lead to hiring less experienced persons. These new hires could become prone to making mistakes. Such mistakes could lead to a patient losing their life. Expect surviving family members to take legal action in such situations.

Legal consequences

Medical malpractice claims involve negligence that could take many different forms. Misdiagnosing a condition is not the same as failing to diagnose an illness, but both results could lead to adverse consequences. A physician who mistakenly fails to order a blood test could face a lawsuit if the oversight leads to harm.

Malpractice claims could extend to a hospital’s management and others contributing to the victim’s harm. A lawsuit may seek compensation from all the parties involved.

Physicians and hospitals may fall under the coverage provisions of a medical malpractice insurance policy. Filing a claim against the insurance provider could result in an agreeable settlement. That said, the insurance company might be more concerned with its best interests and attempt to settle for a lower amount.