The New York Times recently published an article exposing multiple failures of military hospitals across the country to conduct adequate investigations following instances of severe negligence and malpractice, which often resulted in patient death. The failures at these facilities have resulted in numerous malpractice suits, resulting in greater than one hundred million dollars ($100,000,000) in malpractice claims relating to surgical, maternity and neonatal care. While this figure may seem large, it is noted that it excludes potential claims by active duty members of the armed services, who are, generally, prohibited from suing for injuries sustained in the line of duty.
While the article notes that private hospitals and health care centers generally perform greater levels of investigation into incidents of negligence and malpractice, from a practical perspective it is difficult for a patient to actually learn the details of that investigation. For the most part “peer review” or other internal investigations are often not subject to disclosure during a lawsuit, and hospital and facility investigation materials may be sheilded as well. So, while the government clearly needs to improve its post-incident review, patients in those facilities will benefit from the knowledge that they will, generally, be able to learn what the hosptial or facility has learned from its investigation. And this is a good thing.
If you or a family member has questions about hospital or facility negligence or medical malpractice, give us a call today at 518-308-8339. We serve Saratgoa Springs, Albany, and beyon, and are happy to help in any way that we can.
Representing plaintiffs in employment and serious injury matters.