According to politicians and the media it is really easy to sue a doctor. How often do doctors win at trial?

Q.     According to politicians and the media, it is really easy to sue a doctor.  How often do doctors win at trial?

A.     Most people are shocked to know the true statistics.  It would be reasonable to assume, based upon the statements and arguments of politicians, transmitted through the media without analysis or consideration, that nine out of 10 Plaintiffs win their medical malpractice lawsuits.  When I ask the average person, they generally say 50/50.  Across the country that is not so, and even in Cook County where I practice it has never been close to that.  In fact, right now doctors are winning nearly 8 out of 10 jury trials in Cook County.  Historically, doctors win about 2/3 of the cases which are tried. 

Besides being statistically difficult to beat doctors at trial, it is expansive.  Medical malpractice cases require expert testimony at trial from a similarly situated physician, as well as consultants and other expensive preparation.  Moreover, unlike any other type of suit, attorneys fees on medical malpractice cases are capped.  In summary, you have a case that is more likely to lose then any other type of case, with more expenses than any other type of case, with a capped fee.  One does not have these obstacles in suing a lawyer, truck driver or anyone else for that matter.

So, in summary, no, it is not easy to collect from doctors when they are negligent.  In fact, most any Plaintiffs lawyer, as well as prominent medical journals, will tell you that there is far more medical malpractice then there are recoveries.  Given the odds and statistics shown above, it is difficult to take a case that is not of very significant value.  Since most medical malpractice cases involve a contingency fee for the Plaintiff’s attorney, he or she is not going to take the case unless a return can be made upon the significant investment of time, money and energy.  Contrary to what you may have heard, Plaintiff’s lawyers do not file frivolous lawsuits.  Would you spend your time and money prosecuting a case where the odds are against you?  Not if you wanted to stay in business for very long.

   

Below is a link to the Cook County jury verdict’s research and statistics on this issue, which many will find very interesting, and contrary to the frequent statements from the media and politicians.

http://www.lawbulletin.com/assets/documents/8540%20ILJVR%20article.pdf

Tom Paris, Chicago Attorney 
312/759-1600
312/201-1436(fax)

Tags: chicago+attorney, suing+a+doctor

 

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Comments

[Jim Paris]

This is a very interesting statistic. Since doctors win most of the time, how do you know what cases to pursue?

[L Safalow]

Leave the doctors alone! They gave up their lives to take care of others and sometimes they make a mistake. Does this mean we should destroy everything they worked for? What about the student loans they are stuck with and the poor family life they have becaue they are always working. What about all the overnights? All the studying they do. If we keep doing this poeple will stop going into medicine altogether.