Harvard Study Discloses Doubt on Frivolous Lawsuits
A study that was undertaken in 2006 by the Harvard School of Public Health challenges the long held belief that frivolous litigation is rampant and expensive. The researches analyzed past medical malpractice claims to determine the number of imprudent lawsuits and determine their outcomes. They found that the claim of frivolous lawsuits may be disproportionate to the medical establishment’s claim. In one third of claims they found that if the suit lacked clear evidence of medical error the plaintiffs received no compensation. Further, the number of worthy claims that did not get paid was larger than the number of unworthy claims that were paid. The findings appeared in the May 11th, 2006 issue of The New England Journal of Medicine. The authors of the study reviewed 1,452 closed claims and determined of 90% of the claims involving serious physical injury leading to permanent disability or death that 63% were due to error and the remaining 37% lacked evidence of error. Seventy-two percent of the reviewed claims not involving error, did not receive compensation. Bottom line: the malpractice litigation system seems to get it right about three quarters of the time.
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