In this video Attorney Brett A. Carter talks about what medical malpractice is and how to determine if a doctor or healthcare provider failed to meet a certain standard of care. Brett A. Carter is a partner at Bertoldo, Baker, Carter & Smith.
If you have suffered injuries as a result of medical malpractice, you should be aware that insurance companies have limited the financial recovery you can receive. It is important to contact a medical malpractice lawyer who is experienced in working with medical malpractice insurance carriers. At Bertoldo, Baker, Carter & Smith, we have experience in litigating with medical malpractice insurance carriers to see that our clients receive the compensation they deserve. Contact us today, tell us about your case and we will put our expertise to work for you.
- $5 Million
Pediatric Brain Damage
Medical Malpractice Cases include:
- Birth Injuries
- Doctor & Nurse Negligence
- Emergency Room Negligence
- Nursing Home Negligence & Abuse
- Surgical Errors
General Info – Medical Malpractice
Every year, tens of thousands of people die because of preventable medical errors. Medical groups and large insurance companies have been lobbying to limit the rights of these patients, claiming spikes in malpractice rates have driven doctors out of business. Despite these claims, studies show that total payments for medical malpractice judgments have actually fallen over the years.
Consumer watchdog group, Public Citizen, analyzed data from the federal National Practitioner Data Bank and in July 2005 issued a report. This report showed that from 2000 to 2004, total payments for malpractice judgments fell 24.5 percent, from $299.6 million to $226.2 million. Adjusting for medical inflation reflected even greater decreases. Figures showed that the total amount paid for medical malpractice judgments fell by 37.5 percent.
In Nevada, approval of a 2004 ballot question and action taken by state lawmakers two years prior put a cap of $350,000 on pain and suffering awards in medical malpractice lawsuits. The Legislature allows only two situations where litigants can receive higher awards: (1) the wrongdoer committed gross malpractice, or (2) exceptional circumstances justify an award in excess of the cap.
Medical malpractice attorneys and consumer groups believe that the ballot questions that have been passed may potentially prevent victims from being allowed to recover medical bills and wage losses as a result of negligence. In addition, medical malpractice lawyers point out that juries award sums of money considering long-term care as well. Instead of looking at how to prevent and reduce medical mistakes, victims will just have a harder time recovering what they are rightfully due.
Final Reword in Medical Malpractice Suit
Physician groups continue to contend that premiums are soaring because of out of control medical malpractice payments. However, 96 percent of medical malpractice cases never go to trial and are settled out of court, according to recent findings in a study released by the journal Health Affairs in May 2005. According to the study, news reports about large jury verdicts are often misleading because the final award is often substantially reduced.
Large awards in medical malpractice cases are not typical of medical malpractice payments, nor are they the key drivers of insurance increases. “Exorbitant” medical malpractice payouts, exceeding $1 million, accounted for just 1.1 percent of the number of malpractice payments in 2004, despite the public attention these rare events elicit. Malpractice payouts provide victims of the most severe injuries compensation. Studies show that about 64 percent of payouts in 2004 and early 2005 involved the most serious injuries – significant physical injuries or wrongful death – not to patients with minor injuries.