In our last post, we talked about how lawsuits protect patients, and explained why patients need protecting.
Today, we want to emphasize the importance of experience in pursuing these cases.
Of all malpractice cases that make it to trial, 80% are won by the doctors being sued.
Let that last one sink in for a minute. Even if there is a convincing and compelling case of malpractice, the victim still only has a coin-flip’s chance of winning.
What explains these numbers – – numbers which seem contrary to the justice and fairness courtrooms are supposed to promote?
Lobbying groups have undertaken a systemic assault on the tort system over the last couple of years. The chamber of commerce, and similar organizations, have fabricated a “malpractice crisis” and warned of doctors fleeing communities. (Arguments which are demonstrably false.) Jurors believe a plaintiff’s verdict will negatively impact the availability of health care in their communities. And in general, jurors tend to like doctors – – especially their own.
As a result, over the last 25-years, the number of malpractice claims which result in payment has gone down by 56%.
But the news isn’t all bad. Especially if you know what you’re doing.
That same article points out that while the number of paid claims is down, the amount of payments are up.
The difficult landscape means unqualified lawyers are getting out of the business. And those of us who remain have the experience and expertise to effectively combat the tactics which have made these types of cases so difficult.