Are Medical Malpractice Lawsuits Driving Insurance Companies And Doctors Out Of Business?

Health care reform proponents argue that medical malpractice lawsuits drive healthcare professionals out of business through unwarranted medical malpractice lawsuits that overload court dockets. However, according to the Court Statistics Project, medical malpractice lawsuits are rare when compared to other types of tort actions. A tort action is a lawsuit that seeks compensation for damages caused through negligence or wrongdoing. According to the report that examined courts cases in 2008, only 1.1 percent of all tort cases were for medical malpractice and only 7.4 percent of all civil cases were for medical malpractice. This means that a very small percentage of medical malpractice lawsuits ever make it to trial.

In fact, most medical malpractice claims settle outside of court, as do most other personal injury cases. The percentage of medical malpractice cases that go to trial and obtain a verdict in their favor are only 23 percent — much lower than other personal injury cases, which prevail 59 percent of the time. The actual concern is that when medical malpractice cases do recover compensation for plaintiffs, the recoveries are large, with a median of $400,000 for damages. However, putting this figure into perspective, the only cases that go to trial are the severe injury cases — trial costs are too high to support cases that do not involve significant injuries.

If you’re suffering from a severe injury and you suspect medical malpractice is the cause, you should immediately seek legal help from experienced medical malpractice lawyers in Manhattan who can determine the best course of action in your case.  

Our attorneys at Rich & Rich, P.C. have the necessary skills and resources to represent clients in medical malpractice cases and offer a free consultation to review potential cases. Call us at 646.736.3999 to discuss your legal options.

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