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A Lawyer Would Have To Be An Idiot To Take A Frivolous Medical Malpractice Lawsuit To Court

That is a quote from Amitabh Chandra, an economist and professor at Harvard, and the author of a new study released by the New England Journal of Medicine about medical malpractice lawsuits.  Ms. Chandra’s study is one of the most comprehensive studies done to date about medical malpractice litigation.  Here are some interesting findings from the study:

1.  Fewer than 2 percent of doctors each year were the subject of a successful claim, in which the insurer had to pay a settlement or court judgment.

2.  About 7.5 percent of doctors have a claim filed against them each year.

3.  1 in 5 malpractice claims against doctors leads to a settlement or other payout.

These numbers hardly point to a “wave” of litigation involving medical malpractice.  Ms. Chandra, in a recent interview concluded: “Trial lawyers say cost is a barrier to bringing a claim to court.  There are very high up-front costs for hiring expert witnesses and preparing a case. Doctors, hospitals and their insurers often have significant money and legal firepower.  Some states also have caps on malpractice awards. So, usually, only very strong cases with high expected payouts are pursued.  Given the expense and other difficulties involved in winning, it’s doubtful most claims are filed on a greedy whim.”

This is even more evidence that shows there is not a “crisis” when it comes to medical malpractice.  Please question any politician that declares the solution to our healthcare system is Tort Reform.  Do not let your right to the courthouse be taken away by the insurance industry.

Here is the link to the New England Journal of Medicine article.

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Posted in: Medical Malpractice