Thousands Die from Medical Negligence Every Year. So Why Aren’t They Filing Lawsuits?

On December 10, 2017, the Center for Justice & Democracy released the “Medical Malpractice: By the Numbers” briefing book. The 178-page document delves deeply into what types of cases are being filed and why, but also addresses the reasons behind why so few victims of medical errors actually file lawsuits.

Their information is based on data from the National Center for State Courts, published between 2005 and 2017. Here are some of the highlights that data turned up over the course of the last 12 years:

• The overall number of medical malpractice lawsuits are low, as are the majority of the payouts.
• Tort reform (the attempt to smear civil lawsuits as “frivolous”) prevents legitimate cases from being filed.
• Doctors are largely unaware of the actual low risks and consequences they will face personally if they are sued.
• Most medical malpractice cases don’t go to juries; they settle out-of-court, which means the system is not “clogged” with negligence cases.
• Despite the legitimacy of the claims, it is incredibly difficult for victims of negligence to obtain justice.

The briefing also looks at highlights regarding the myths of “defensive” medicine, physician shortages and allegedly rising malpractice insurance. You can .

A brief look at patient safety

There is a “fun” little quiz on PopTort regarding medical negligence and safety standards, but all snark aside, the numbers are worrisome. According to their research, the U.S. ranks #2 when it comes to most reported medical errors – Norway came in at #1 – and “the Joint Commission, which accredits almost 80 percent of U.S. hospitals, revoked accreditation of [less than 1 %] of hospitals that were out of Medicare compliance” (emphasis ours).

The Center for Justice & Democracy found similarly unsettling numbers. Citing joint research done by the University of Chicago and IHI/NPSF Lucian Leape Institute in 2017, 41% of people surveyed have either been the victim of a medical error, or “were personally involved in a situation where a medical error was made in the care of someone close to them.” They also found that 67% of medical error victims “were not informed of the mistake by a health care provider or someone else at the facility where the error happened.”

Yet in 2016, only .17% of civil caseloads were medical malpractice cases, and they only represented 4.15% of total state tort caseloads.

Potential factors for not filing a claim for damages

So why are so few people – people who have legitimate claims for damages after an act of medical negligence – failing to seek justice for their injuries? If medical errors are the third leading cause of death in this country, why aren’t there more medical negligence lawsuits being filed?

Tort reform is certainly a leading factor. As states (and the federal government) try to limit how much a patient can recover, some people may feel that it is simply not worth the effort. It is also possible that injury victims do not realize that they do not pay out-of-pocket expenses in these types of trials. Almost every injury and malpractice law firm in this country – our own included – works on contingency; our payment is contingent upon us winning your case.

What the report does not necessarily look at it, however, is perception; many people are embarrassed by the idea of filing a case. The laws and legislatures have done such a good job of convincing people that frivolous lawsuits are clogging up the justice system (they are not), and of mocking jury verdicts with large numbers, that victims may be afraid they will be labeled as greedy or frivolous themselves.

If these numbers show anything, it’s that far fewer people are actually pursuing claims for their injuries than there are people being injured. Your right to a trial is guaranteed; if you were hurt, you could be entitled to damages for your lost wages, medical bills, and your pain and suffering.

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