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New York Tops List for Most Malpractice Lawsuits in Country

Sadly, medical malpractice can lead to serious and long-term harm for a patient. If you have been injured or harmed by a medical professional’s mistake, carelessness, or wrongdoing, you may be able to recover compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice attorneys can scrutinize the circumstances surrounding your injury and determine whether malpractice took place.

According to a recent report released by Diederich Health Care, entitled “2018 Medical Malpractice Payout Analysis,” New York topped the list for the most medical malpractice lawsuits in the country and in the Northeast with a total of approximately $617,973,000 in payouts. Second place in the Northeast is held by Pennsylvania with $342,093,300 in payouts, and New Jersey is at third place with $267,913,250 in payouts.

Examining the per capita cost in the case of New York, the numbers translate to approximately $32 per person for each resident of the state. The lowest per capita rate was Wisconsin, with about $2.33 for each resident of the state – a stark difference.

When analyzing payment amounts by malpractice allegation, the study found that diagnosis issues accounted for 34 percent, followed by surgery issues at 22 percent and treatment issues at 19 percent. When examining the severity of outcomes, the study found that 30 percent of the malpractice cases resulted in death, 20 percent resulted in a major permanent injury, and 18 percent resulted in a significant permanent injury.

In New York, medical professionals can be held accountable for medical malpractice. Medical malpractice occurs when an injury or death is a result of a medical professional failing to use the level of care that a similarly situated medical professional would have used in the same or similar circumstances. To establish a malpractice claim, the plaintiff must demonstrate the following:  the medical professional owed the patient a duty of care; the medical professional violated the duty of care that was owed; and the medical professional’s carelessness was a direct and proximate cause of the patient’s injuries.

Damages in a medical malpractice case are intended to make a victim “whole again” by providing compensation for the losses suffered. Under New York law, victims of medical malpractice can generally recover economic and non-economic damages. Economic damages include things like medical expenses, lost wages, and rehabilitation costs, which are awarded to compensate the injured patient for losses caused by the medical professional’s negligence. Non-economic damages are intended to compensate an injured patient for intangible losses, such as pain and suffering.

At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse medical malpractice attorneys are committed to helping clients seek the compensation they need to deal with the malpractice suffered. With years of experience, we know how to navigate complex New York malpractice claims. You can rest assured we can answer your questions and address your concerns. Please be aware that we have offices in New Hartford, Rochester, Oneida, Watertown, Cortland, and Oswego. For more information about your legal rights and options, call us at 315-479-9000 or contact us online.

More Blog Posts:

Malpractice Involving Surgical Staples in Syracuse and New York,  Syracuse Personal Injury Blog, March 27, 2018

Suicide Malpractice in Syracuse and Throughout New York, Syracuse Personal Injury Blog, March 20, 2018

Surgical Fire Malpractice in New York, Syracuse Personal Injury Blog, March 16, 2018

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