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Maine Attorney Joe Bornstein Weighs in on Medical Error Fatality Study

Joe Bornstein

A new study finds that medical errors may be the third leading cause of death in the United States, falling only behind cancer and heart disease.

Conducted by two doctors from Johns Hopkins School of Medicine, the study estimates that about a quarter million people die from medical errors every year. That figure represents nearly 10 percent of all deaths in the United States. The only causes of death that outpace medical errors are heart disease (611,000 deaths per year) and cancer (585,000 deaths per year).

The researchers’ findings come as no surprise to attorney Joe Bornstein, whose office in Maine works with people dealing with medical malpractice claims.

“It’s an unfortunate reality that many people who visit doctors or hospitals to get better never go home again,” Bornstein said. “And in many cases, these patients do not die because of their condition or illness. They lose their lives because of a medical professional’s error.  A surgeon might leave a sponge or surgical tool inside a patient’s body. A nurse might administer the wrong medication to a patient, resulting in a fatal overdose. There are many other frightening examples of negligence.”

Bornstein added, “Our law firm often hears from families who have lost loved ones because of medical mistakes. They call us feeling devastated and overwhelmed. They’re looking for a medical malpractice attorney to help them get justice. Our law firm partners with highly experienced medical malpractice attorneys who fight to get Mainers the compensation they deserve.  Together, we work closely to make access to justice available to all Mainers of all socioeconomic backgrounds no matter where they reside throughout our wonderful state.”

According to the study published in The BMJ on May 3, 2016, the two experts analyzed data in different studies going back to 1999 and calculated that an average of 251,454 people die every year from medical errors.  But they noted the number may be low, in part because of the way deaths are reported. Medical errors are usually not listed on death certificates.  A patient who dies of a heart attack that resulted from some kind of medical error might have a cause of death listed as “cardiovascular” and not as a medical error.

The two researchers estimated that the number of medical error-related deaths in the United States falls between 210,000 and 400,000.  The fatal errors cover a vast range, from incompetent doctors to systemic problems such as communication failures, according to researcher Martin Makary, who was quoted in a Washington Post article published in the Portland Press Herald. Makary said healthcare facilities don’t like to talk about medical errors, which is one of the main reasons he conducted the analysis, according to the Herald. He said he wanted to shine a light on the issue.

Attorney Bornstein said more attention should be placed on the crisis of fatal medical errors. “Clearly, we have a serious societal problem when hundreds of thousands of Americans are dying each year after a health care intervention,” Bornstein said. “We hope this study sheds some light on the crisis. Hospitals should talk about what’s happening and do everything they can to keep patients safe. That’s one way they can avoid lawsuits. But if they fail to correct the problem, patients can turn to experienced medical malpractice attorneys who will hold these institutions accountable. A lawsuit sometimes is the best way to stop bad things from happening and motivate institutions to make positive changes that keep people safe.”

Categories: News

In 1974, Joseph L. Bornstein founded and established the Law Offices of Joe Bornstein on the Portland waterfront in the city's historic Old Port district. Since then, Joe and the firm have represented more than 23,000 clients. A fervent supporter of charitable organizations and education throughout the state of Maine, Joe is also an active member of the Maine State Bar Association, the Maine Trial Lawyers Association, and the American Association for Justice. Currently, he is serving on the Leadership Group for the Maine Campaign for Justice.