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April 30, 2008

Small Percentage of Medical Malpractice Cases go to Trial

Medical malpractice cases can last years while exacting an emotional toll on both sides of the lawsuit. Attorneys say that regardless of outcome neither side feels like a winner. About three-fourths of cases that end up at trial conclude in the doctor’s favor. Yet, physicians are blaming their patients for frivolity when then elect to sue to change how they practice. Both attorneys and physicians say that death or injury from a medical procedure does not necessary equate with negligence by the doctor. Oftentimes families file lawsuits simply because they want to know what happened. If a lawsuit goes to trial medical records become available that provide valuable insight into what really happened. In reality most cases are dropped early because the alleged malpractice could not be found against the doctor or institution. Of those that do go to trial nationwide, only 27 to 29 percent result in a verdict for the plaintiff. The numbers suggest the courts are weeding out frivolous lawsuits, contrary to doctors' claims.

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