May 21, 2013

162017_132140396847214_292624_nThe rallying call of doctors, hospitals, and their medical malpractice insurance companies and well-paid political lobbyists who fearmonger state and federal legislators with cries that “frivolous” medical malpractice claims are the cause of increasing medical malpractice insurance costs and are leading to doctors fleeing their profession is so ludicrous, outrageous, and detrimental to all of us that it makes our blood boil and our anger simmer when we hear ordinary citizens take up the siren call of “frivolous medical malpractice lawsuits.”

Our first question for you: Can you name or describe even one medical malpractice lawsuit that was filed in your state within the last ten years that was determined to be frivolous?

Simply because a doctor prevails at trial in a medical malpractice lawsuit (statistics reveal that more medical malpractice cases result in a jury verdict in favor of the medical malpractice defendant than the medical malpractice plaintiff) does not mean that the medical malpractice lawsuit was frivolous when filed or frivolous when tried before the jury – while many of the stronger medical malpractice claims are settled before trial rather than go to trial, many valid and substantial medical malpractice claims are lost at trial for reasons other than the validity of the claims against the miscreant medical providers (such as jurors who are biased in favor of medical providers, jurors who are biased against people who file claims for injuries resulting from someone else’s negligence, jurors who are confused by the medical terms and medical experts’ testimony to the extent that they throw up their hands in confusion and defer to the medical malpractice defense, and entries in medical records that are relevant to the medical malpractice claim that seemingly support the defense even though the medical records were solely created and authored by the medical malpractice defendants who have an obvious incentive to fail to mention why something really went wrong or incredulously blame the patient or “an act of God” (often called “a known risk/complication of the procedure,” as if that should excuse the resulting injuries to the patient when a medical procedure is performed negligently – sort of like saying that because it is a known risk that a drunk driver may violently crash his car into your car and severely injure you and your family, the drunk driver should not be held responsible for your injuries)).

Our second question for you: What are the actual statistics regarding the number of medical malpractice lawsuits filed throughout the United States within the last ten years that have been found by a jury or a judge to be “frivolous”? 

You won’t find the statistics – we have looked for them but have been unable to uncover any valid statistics. Then how can anyone justify medical malpractice tort reforms that solely benefit the financial interests of doctors, hospitals, and other health care providers at the expense of the innocent victims of medical malpractice who, because of “tort reform,” do not receive the full amount of the compensation that medical malpractice juries have determined to be the fair and actual damages suffered as a result of medical malpractice (so-called “caps” on damages in many states in the U.S. limit the amount of noneconomic damages for pain, suffering, mental anguish, disfigurement, and the like that victims of medical malpractice may recover from their negligent health care providers, and the existence and amount of such caps are not told to the jury – that means that a 21-year-old formerly vibrant and physically active person who is now in a wheelchair for the rest of his life due solely to the medical negligence of a medical provider will be severely under-compensated for his emotional losses in the past and his likely emotional trauma that will be suffered for the rest of his life)?

Since the founding of the United States, we have held as sacrosanct the right to have our differences determined by a jury of our peers who are unbiased and who are selected from the communities in which we live – why and how, then, can any state legislature or state court enact or uphold intrusion into the sacred right to a trial by jury that shackles the jury and eviscerates its decision? Why are medical providers given special rights and unique privileges that only benefit them, but at the same time directly harm the patients that they negligently injured?

Our third question for you: Do you really think that a medical malpractice lawyer will knowingly file and/or litigate a frivolous medical malpractice case? What incentive is there for the plaintiff’s medical malpractice lawyer to do so?

The out-of-pocket expenses that the medical malpractice plaintiff’s lawyer will have to incur for his client’s medical malpractice case for experts, depositions, etc. are staggering – upwards of tens of thousands of dollars in the typical medical malpractice case and in the six figures for some medical malpractice cases. Do you think that a medical malpractice attorney will risk so much of his own money on a frivolous medical malpractice lawsuit that he will likely lose and therefore not recover his expenses of the litigation? In addition to the medical malpractice lawyer’s expenses, he will also lose forever the value of the enormous amount of his time devoted to a losing lawsuit, which could have been devoted to more winnable cases. What rational medical malpractice lawyer would be willing to risk vast amounts of his own money and vast amounts of his time on a frivolous medical malpractice lawsuit?

Identifying a “frivolous medical malpractice lawsuit” is like finding a unicorn, locating the pot of gold at the end of a rainbow, or seeing Santa Claus come down the chimney – none of them exist although some people would like you to believe otherwise.

If you, a family member, a loved one, or a friend may have been injured as a result of medical malpractice in the U.S., you should promptly consult with a local medical malpractice attorney in your state who may agree to investigate your medical malpractice claim for you and represent you in a medical malpractice lawsuit, if appropriate.

Click here to visit our website or telephone us on our toll-free line (800-295-3959) to be connected with medical malpractice lawyers in your state who may be willing to assist you with a medical malpractice claim.

Turn to us when you don’t know where to turn.

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