California Ranked Third in Medical Malpractice Payouts
The state of California is ranked third in the nation when it comes to the amount of money paid out in medical malpractice suits, according to Becker’s Hospital Review. Despite the limitations imposed on malpractice damages by the Medical Injury Compensation Reform Act (MICRA), California barely trails Pennsylvania for the number two spot, while New York’s medical malpractice payouts total more than three times those in the Golden State.Contributing Reasons for High Malpractice Payouts
There is, of course, no single explanation for such a ranking, but, instead, there are a myriad of contributing factors. First, one must consider the fact that California is the most populous state in the country, meaning that there are bound to be more incidents of medical malpractice than in other states. California also boasts some of the nation’s best hospitals and doctors, meaning that people may travel to California to have procedures done. Often, patients find that similar procedures or the quality of such procedures are not available to them in their home state. This means that more procedures are being done at any given time. One report indicates that the passage of the Affordable Care Act resulted in a measurable increase of people traveling to California to have such procedures done.Causes of Malpractice Claims
Most medical malpractice cases stem from three major issues: those related to diagnosis, those related to surgery, and those related to treatment. There are, of course, other reasons that a person may file a medical malpractice claim; related to gynecological care or obstetrics, the mismanagement or misadministration of medicine, a case in which a doctor or nurse did not sufficiently monitor a patient who had not stabilized, and issues relating to anesthesia.
Throughout the country, approximately one third of all of medical malpractice claims have to do with diagnosis. While cases involving surgical errors (such as leaving an object in a patient’s body, or operating on the wrong body part) may make headlines, the seemingly pale-in-comparison failure to properly diagnose a patient is arguably just as, if not more, dangerous. It can sometimes take years before a patient is properly diagnosed, and in some tragic instances, can be too late.
In 2012, there was an estimated $3.6 billion in medical malpractice payouts in the United States; $222.9 million of these were in California alone. If you have been the victim of medical malpractice in California, the experienced San Jose medical malpractice attorneys at Corsiglia, McMahon & Allard, L.L.P are prepared to help you. Contact our office today to schedule your initial consultation and put our team to work for you.