Medical Malpractice cont.

3. How long do you have to bring a medical malpractice lawsuit?
The statute of limitations depends on the basis for the lawsuit and who the parties are.  You should speak to an attorney immediately if you do not know your statute of limitations.  

4. Will my case go to trial?
Whether or not a case goes to trial or settles is unique to each case. The question should not be whether the case will settle but rather does the proposed settlement adequately compensate the injured party or the decedent's survivors.  However, on average 50% of medical malpractice cases settle before verdict.

Statistics ("To Err is Human" published by National Academy Press)

1.  Medical malpractice is one of the leading causes of death and injury in the United States with up to 98,000 people dying each year.  

2.  An estimated 7,000 people die annually due to medication errors.

3.  5% of physicians cause 56% of all the medical malpractice.

4.  The amount of medical malpractice claims have been stagnant. 

5. New York requires attorneys to have all medical malpractice cases reviewed by a physician prior to filing suit to ensure the case is meritorious.