In the United States, over 200,000 people die annually due to mistakes by healthcare professionals, surgeons and pharmacists. In fact, medical malpractice is the third leading cause of death in the United States, with 3 per cent of all hospital patients becoming victims of medical mistakes. The Journal of American Medical Association (JAMA) breaks down the annual figure further: 100,000 deaths from adverse effects from medication, 80,000 deaths from infections contracted in hospitals, 12,000 deaths from unnecessary surgery and 7,000 deaths from medication and prescription error. However, one area that does not receive much press is the fact that more than 10,000 doctors in the US have been disciplined for incompetence, misconduct and negligence. In many cases, these physicians keep practicing and this is where patients need to be aware of thoroughly checking the credentials and experience of the doctor they are dealing with.

Medical malpractice is defined as negligence on the part of a healthcare professional or institution, which leads to injuries or, in most severe cases, death of a patient. The term healthcare professionals is not limited to doctors, but covers a wide range of professions, such as surgeons, nurses, dentists, pharmacists, medical technicians and hospital workers. It can also include institutions, such as hospitals, nursing homes and other healthcare facilities. Negligence of any or several of the above professionals can lead to a personal injury claim. However, medical malpractice suits are one of the most difficult personal injury cases to prove. Plaintiffs must prove that negligence by the healthcare professional led to the personal injury. This is easier said than done.

Also, timing is of the essence and medical malpractice suits need to be filed as soon as possible after the personal injury. Medical malpractice cases have a fairly short statute of limitations; however, this time limit varies greatly from state to state and should be thoroughly researched.