New England Medical Journal reports: medical malpractice
Many wrongly assume that medical malpractice cases are “frivolous;” or, that medical malpractice lawyers are merely trying to make money by suing doctors for petty mistakes. The opposite is true. Mike Stobbe writes on a study by the New England Journal of Medicine that says “only 1 in 5 medical malpractice cases pay.” Meaning, lawyers are taking huge risks in accepting a med mal case: trial lawyers pay enormous up-front costs to bring a med mal claim to court, including the high cost of hiring expert witnesses. Trial lawyers must also combat a medical field with significant means and legal sway. Even more, some states have caps on medical malpractice awards. Considering the aforementioned, trial lawyers choose important and significant cases that make weighing these obstacles worthwhile for all parties involved.
Stobbe writes on the study published Wednesday, “Each year about 1 in 14 doctors is the target of a claim, and most physicians and virtually every surgeon will face at least one in their careers.” Again, while the study seems to support a public opinion that medical malpractice cases are “frivolous,” the authors of the study suggest a more complicated reading. They cite the emotional distress of doctors, the high cost for lawyers, and the tiny fraction of people who actually file claims.
Given these factors, we must consider that most malpractice claims are legitimate and worth both the emotional and literal currency to hold physicians and hospitals accountable. As a Chicago medical malpractice lawyer, I believe strongly in the work that I do to enforce the rights of victims who have been wronged. And, I believe that powerful doctors, hospitals and their insurers must be held responsible for their negligence. In the same article, Dr. Sidney Wolf, director of Public Citizen’s Health Research Group suggests there needs to be more aggressive policing of doctors. Until then – the lawyers at Hurley, McKenna and Mertz will continue to seek justice for victims who have been injured, and hold their doctor’s accountable.
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