Serious Lawyers for Serious Injuries

3rd Leading Cause of Death

Published on Dec 3, 2018 at 11:29 pm in Medical Malpractice.

It’s an interesting comparison – medical malpractice lawsuits are fairly rare in the grand scheme of things, however medical malpractice is the third leading cause of death in America. If so many lives are ended due to the malpractice or negligence of a healthcare professional or institution, why aren’t there more lawsuits seen in court? There are an infinite number of reasons that a person or family may choose not to file a lawsuit against their doctor or healthcare company. To name a few:

  • Reluctance
    • Most people go into surgery or receive a diagnosis without suspicion. They believe that their doctor or healthcare professional is trustworthy and that there is little room for error. If they do find out they did not receive proper care or the right diagnosis, they feel uncomfortable suing their doctor.
  • Statute of Limitations
    • Oftentimes, sadly, a medical malpractice case does not make it to court simply due to the fact that the person or family decided to do so too late. Each state has their own statute of limitations, though many state require a malpractice case to be filed within 1 to 3 years of the incident. When families bring their cases to an attorney, only to find out that they missed the deadline, there is little to nothing that can be done at that point.

Some of the main medical malpractice cases that happen are:

  • Medication Errors
    • Whether as an at-home prescription or as a follow-up medication to surgery taken in a hospital, incorrect medication is a huge reason for medical malpractice cases. When people are essentially misdiagnosed or wrongfully medicated, then they are at risk for a number of adverse side effects. If a medication is harmful enough, a person may file for a medical malpractice.
  • Surgical Errors
    • More often than people would like to think, doctors sometimes perform surgery on the wrong body part. They may also leave surgical tools inside of people by accident. Whenever something major such as surgical errors occur, it is imperative that the person bring the case to a professional attorney’s attention immediately.
  • Lack of Informed Consent
    • A lot of the time, a doctor does not spend an adequate amount of time with their patients to discuss the risks of the procedure or surgery they are considering enduring. For example, if a doctor brushes over or fails to give full disclosure on the risks of a surgery, and then something goes wrong, they may be sued for lack of informed consent.

If you believe you have a medical malpractice case on your hands, or are concerned about the timeframe of a current malpractice or negligence case, call our offices today for a free consultation.

Meet Your Team

Free Legal Consultation

Call us or fill out the form below to tell us about your potential case and a personal injury lawyer will get back to you as quickly as possible.

Legal & Firm News

How Does Informed Consent Work in New Mexico Medical Malpractice Cases?

There are risks and benefits to every medical treatment. The decision to move forward with a procedure, therapy, or medication should involve both you and your doctor carefully weighing the potential benefits against any risks. When a doctor moves forward without first securing your informed consent, you could be at risk for suffering harmful side […]

Read More

Are SUVs More Deadly to Pedestrians?

A recent study released in March 2022 aimed to answer the question: Are sports utility vehicles (SUVs) more deadly to pedestrians? It was determined that SUVs, pickup trucks, and minivans are significantly more likely to strike pedestrians than small cars. This is especially true when the vehicle is making a turn or pedestrians are traveling […]

Read More

Fifteen Year-Old Albuquerque Boy Likely Killed by Explosives in Police Raid

Earlier this month, the Albuquerque Police Department (APD) issued a press release identifying a local 15 year-old boy killed in a recent police raid as Brett Rosenau. Preliminary autopsy results revealed that Rosenau died of smoke inhalation after SWAT team members used noise-producing explosives on a home. Initial reports stated that Brett Rosenau had been […]

Read More