I never understood the contention that there were too many frivolous medical-negligence lawsuits. We turn down potential clients looking to sue their doctors all the time because: (a) bad results do not necessarily equal negligence; (b) Florida has legislatively enacted caps or limits to non-economic medical malpractice damages – so liability must be clear and damages must be high; (c) being that doctors are held in such high esteem, juries really don’t like returning favorable verdicts against them; and (d) it is REALLY expensive to engage in medical-malpratice litigation -i.e. hiring respected medical experts, lots of depositions, etc.. can put a medical-negligence attorney’s costs over six figures.
Personal injury attorneys keep the medical community honest – or at the very least bring these kinds of problems (that otherwise might get swept under the rug) the attention they deserve… and most of the time medical malpractice cases fail! In fact, according to a Harvard University Study published in the New England Journal of Medicine, doctors and their insurance companies mostly win claims brought against them (only 1 in 5 end with some form of payment – i.e. via a jury verdict or out-of-court settlement).