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Five Things You Need to Know about Medical Malpractice

An annual report to the National Practitioner Data Bank has just arrived, and in it are the latest trends and information about the state of medical malpractice claims in America.

A report to the NPDB has to be submitted within 30 days of any payout to a malpractice victim. These reports help explain the state of medical malpractice in the country as a whole and also on a state-by-state basis. So what can we learn from this year's report?

Here are a few highlights:

  • In 2013, 96 percent of medical malpractice payouts were the result of a settlement. This may be because of the emotional drain of lawsuits, the fact that doctors have to pay the attorneys but insurance pays for the settlement, or because of sample bias. Statistics in the report showed that when doctors did go to trail, they won a majority of the time.
  • Nationwide, the number and amount of payouts has risen for the first time since 2003. This means that a good deal of tort reform activity has slowed down or stopped in most areas.
  • In West Virginia, legal caps on pain and suffering recovery have reduced payouts. It's now one of the lowest-ranking states for malpractice payouts.
  • Wealthier states tend to have higher payouts. Wealthy citizens likely attract top medical talent to these states.
  • There is no correlation between political leaning and payout amounts. Conservative, liberal, individualistic, it doesn't matter-ideology had no affect on payout ranking.

Bouchillon, Crossan & Colburn can help you with all kinds of personal injury claims in West Virginia, from car, motorcycle, or trucking accidents, industrial accidents, medical malpractice and more. If you or a loved one has been injured and is seeking a qualified personal injury attorney, contact our Huntington, West Virginia office to speak with an attorney about your case, or call 304-523-8451.

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