Doctors Have the Upper Hand At Trial

According to a recent article in the Milford Daily News, patients rarely prevail in malpractice suits against doctors. According to a Daily News review of court records beginning in 1998, 88 plaintiffs had their claims dismissed after a trial, while only 5 plaintiffs were awarded payments. According to a local attorney, juries are reluctant to rule against doctors because Massachusetts' reputation in medical care makes it hard for a jury to believe that a doctor could have made a mistake. Massachusetts Medical Society spokesman, Frank Fortin said he was not surprised by the small number of jury awards because doctors usually prevail in malpractice cases throughout the state. According to the Daily News, patients rarely sue hospitals in Massachusetts because state law limits negligence payments from a nonprofit hospital to $25,000, an amount that can easily be exceeded by the cost of pursuing the case.

Continue Reading print this article Posted By J. Mitchell In Medical Malpractice Victims Rarely Receive Compensation | 0 Comments | Permalink

Medical Malpractice Litigation Rarely Compensates Victims

In 1990, The Harvard Medical Practice Study was published. This report, titled, "Patients, Doctors, and Lawyers: Medical Injury, Malpractice Litigation and Patient Compensation in New York," was conducted to estimate medical malpractice and the injuries caused by medical malpractice in New York.The study utilized physician reviewers of records and consultants who were New York specialists.

According to the study, "adverse events" occurred in 3.7% of the total hospitalizations. 27.6% of those adverse events were due to negligence. 13.6% of the adverse events led to death. Almost half of the adverse events were associated with surgical procedures.The Harvard study also found that 75% of the negligence was a result of errors in diagnosing the patients while 18% resulted from negligence with drug complications.


As part of the Harvard study, records of the sample were matched with statewide data on medical malpractice claims in an attempt to discover the number of documented malpractice claims relative to the documented acts of negligence. Of the 280 persons who had documented adverse events caused by medical negligence only 8 people filed medical malpractice claims. This represents an astonishing 2% of the documented medical malpractice claims.

The Harvard study concluded: " Med mal litigation infrequently compensates patients injured by med negligence and rarely identifies and holds providers accountable for substandard care. Med Mal claims are rarely made after patients are injured negligently."

Continue Reading print this article Posted By J. Mitchell In Medical Malpractice Victims Rarely Receive Compensation | 0 Comments | Permalink

Statistical Trends in Medical Malpractice Cases

In its 2002 comprehensive report titled: "Medical Malpractice: Verdicts, Settlements and Statistical Analysis, Jury Verdict Research details nationwide statistics regarding medical malpractice cases.

Jury Verdict Research (JVR), maintains a nationwide database of verdicts from plaintiff and defense attorneys. JVR is supplied with data from every state in the nation. JVR was founded in 1961.

JVR reports that between 1994 and 2000, the most frequently claimed injury in a medical malpractice case was death (23%), followed by brain damage (9%), genital injuries (7%), leg injuries (5%), Cancer, spinal nerve and eye injuries (each at 4%), paralysis, amputations, intestinal tract and foot injuries (each at 3%). All other injuries accounted for 3%.

Continue Reading print this article Posted By J. Mitchell In Medical Malpractice Victims Rarely Receive Compensation | 0 Comments | Permalink

Health Care Providers Win Most Cases

According to Jury Verdict Research, in the year 2000, health care providers won approximately 62% of the cases that were tried by a jury. That means that the patients only prevailed in approximately 38% of all the jury trial cases in this country.

In cases involving the allegation of misdiagnosis in a medical malpractice case, patients only won 37% of the jury trials against the defendant health care providers. These lopsided statistics demonstrate that the jury system in this country is not using sympathy to give run away verdicts to patients of medical malpractice.

Jury Verdict Research bases these statistics from its nationwide database of 193,500 personal-injury verdicts and settlements.

Continue Reading print this article Posted By J. Mitchell In Medical Malpractice Victims Rarely Receive Compensation | 0 Comments | Permalink