New Study Proves Courts Not Overburdened with Frivolous Lawsuits

Law Firm Newswire




Brunswick, GA (Law Firm Newswire) August 31, 2012 – Not even five percent of cases alleging medical malpractice will actually go to trial, according to a new study just released by the American Medical Association.

And out of that small percentage, almost 80 percent of cases that do go to trial are found in favor of the physician, with a mere 4.5 percent of all cases ending in a trial verdict.

“Our justice system is already well-equipped to handle medical negligence lawsuits,” said Brunswick personal injury attorney Nathan Williams. “The myth of a suit-flooded, overburdened system has been refuted by numbers time and time again.”

The 2012 study, released by the Archives of Internal Medicine, examined the number of medical malpractice claims against physicians resolved between 2002 and 2005. Of those 10,000 claims filed, only 55 percent of the total resulted in actual lawsuits. And of the lawsuits brought to court, over half were dismissed, while many of the remaining claims were resolved prior to trial.

In fact, according to a report released by consumer watchdog group Public Citizen, medical malpractice payments have reached their lowest level since 1991.

The report includes data analyzed from the federal government’s National Practitioner Data Bank (NPDB), which tracks malpractice payments on behalf of doctors and found that four-fifths of medical malpractice awards were compensating for death, catastrophic harm or serious permanent injuries.

“In no way can those be considered ‘frivolous’ medical malpractice litigations,” indicated Williams. “We need to have productive conversations about the ways to address our health care costs and the system at large. Medical malpractice lawsuits are being blamed for rising care costs, but time and time again, independent reports refute the oft-claimed myth that the court system is flooded with frivolous malpractice suits. We need to keep the focus on patient rights and protecting the consumer.”

Medical malpractice is defined as professional negligence by either act or omission by a health care provider, where treatment provided falls below the accepted competitive and standard of practice in the medical community and which causes unreasonable harm, either injury or death.

Nathan Williams is a Brunswick divorce attorney, Brunswick personal injury lawyer, Brunswick criminal defense attorney and Brunswick DUI lawyer in Southeast Georgia. Visit or call 1.912.264.0848.

The Williams Litigation Group
5 St. Andrews Court
Brunswick, GA 31520
Phone: 912.264.0848
Toll Free: 877.307.4537
Fax: 912-264-6299

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