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A 2004-06 study revealed 238,337 preventable hospital deaths in Medicare patients alone resulting from patient safety errors and costing the Medicare program $8.8 billion dollars.
Source: www.healthgrades.com
The attorneys at McCutchen and Sexton have considerable experience in representing patients having traumatic brain injuries. This experience has taught us that some doctors fail to appreciate and diagnose traumatic brain injuries following a motor vehicle accident or other injury.
In 1986, Congress enacted the Emergency Medical Treatment and Active Labor Act (“EMTALA”) codified at 42 USC § 1395dd. EMTALA applies to any hospital that participates in the Medicare program (which is virtually every hospital in the United States) and which has an emergency room. It requires that the hospital must provide for appropriate medical screening, within the capabilities of the hospital, to determine whether an emergency medical condition exists for any patient for whom a request for an examination is made.
“It should have never happened.” This is one of the first things we usually hear from family members that lose a loved-one due to medical malpractice. Too frequently, because of overbooked surgery facilities - overloaded physician schedules and sometimes physician fatigue, medical mishaps occur. Loved-ones die or are injured for life.
Medical malpractice or medical negligence is the failure of a physician or other medical provider to meet the standard of care in diagnosing or treating a patient. Despite claims that there are very few medical errors, studies (cited below) estimate that more than 225,000 patients die each year from medical errors.