The Legal Examiner Mark The Legal Examiner Mark The Legal Examiner Mark search twitter facebook feed linkedin instagram google-plus avvo phone envelope checkmark mail-reply spinner error close
Skip to main content

A recent study in the New England Journal of medicine found that three percent of medical malpractice lawsuits filed have no verifiable injuries. This means that in 97% of all cases, there is a verifiable injury, and that lawsuit cannot be called frivolous. Justinian at corpreform.com has a great analogy at his site:

The remaining question is whether malpractice was the cause of those injuries. As it turns out, in 37% of cases, a judge or jury decided the answer was no.

If you believe that because 37% of malpractice cases end in the equivalent of a “not guilty” verdict that the civil justice system is broken, then you should also come to the conclusion that the criminal justice system is broken, too. In California, 32.5% of criminal prosecutions result in a “not guilty” verdict. In San Francisco, a whopping 62% of prosecutions end in acquittal!

The study also revealed that “frivolous” lawsuits are not a major factor on rising malpractice premiums, and “frivolous” lawsuits don’t clog the court system.

Thanks to Brandon at Tennessee Med Mal Law blog for bringing this study to my attention.

Comments are closed.

Of Interest