Page 8 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

As is often said, a malpractice lawsuit is a marathon, not a

sprint.

All of the data is not discouraging, though. According to an
AMA study, 68 percent of closed claims were dropped,

dismissed, or withdrawn in 2015. Of the 7 percent of medical
3
liability claims decided by a trial verdict, the vast majority – 88

percent – were won by the defendants.
4

Our data indicates that the number of medical malpractice
lawsuits filed is decreasing. This is likely due to a combination

of factors: tort reform legislation in some states, the cost for a

plaintiff to pursue a medical malpractice claim is exorbitant
compared to other personal injury cases, and the low chances

for a successful plaintiff’s verdict.

Many of the cases filed in the past were ultimately dismissed
before trial because there was little-to-no basis for the suit in

the first place. Plaintiffs’ attorneys filed their clients’ lawsuits

without having a supporting expert only to find out after-the-
fact that a qualified expert would not support their positions.

This is typically no longer the case. Due primarily to statutory
filing requirements (notice and certificate of good faith), as well

as the significant cost to pursue a malpractice lawsuit, only

cases where there is supporting expert testimony get filed.
Moreover, it is usually only the cases with the most severe

injures (and, therefore, the highest potential recovery for the
plaintiff’s attorney) that are being filed. Succinctly stated:

3 https://www.ama-assn.org/practice-management/sustainability/1-3-physicians-has-been-sued-
age-55-1-2-hit-suit
4 Id.

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