Knapp & Roberts

In a recent study published in the New England Journal of Medicine (NEJM), the authors cite studies which show an increased risk of complications for patients who undergo elective procedures performed by a sleep-deprived doctor. According to the Society of Actuaries, medical mistakes cost the U.S. economy over $19.5 billion in 2008. During that year, the report estimates that medical mistakes caused over 1.5 million injuries, resulting in 2,500 estimated deaths.

An increasing number of surgeries are performed on an outpatient basis each year, requiring no hospital stay and leaving it up to the patient to manage their own recovery. By some estimates, anywhere from 25 to 30 million Americans undergo surgery every year. Over one third of those surgeries require at least one night in the hospital and even more can involve a significant amount of recovery time.

One of the main flaws cited in the study was the approval standard for medical devices. According to the FDA statute, a drug can be marketed only when it shows “substantial evidence” of effectiveness. The U.S. Food and Drug Administration is responsible for regulating many of the products we encounter in everyday life. From food to cosmetics to prescription drugs to vaccines, Americans rely on the FDA to keep the products we use safe.

There is an inherent risk associated with any medical treatment or procedure and not all medical errors necessarily amount to actionable medical malpractice. A recent KVOA article tells the story of Carol Roman, a Tucson woman whose husband, Louis Salica, died of a heart ailment in 2005 at the Tucson Heart Hospital. Roman sued the hospital and Salica's cardiologist for malpractice; the jury determined that both played a part in Salica's death and awarded Roman $1 million.

Medical malpractice cases are extremely sensitive and, in situations where an individual has suffered severe injury, the outcome of a malpractice case is all the more important. Like a business contract, the patient/doctor relationship is one in which a certain amount of trust, and money, is laid on the table in anticipation of a desired outcome.