While we all may have heard of a bad lawsuit here or there, it clearly is not the problem that those seeking to take away your rights to file a lawsuit would have you believe. The idea that lawyer would spend their time an money filing frivolous medical malpractice cases is simply ridiculous, as shown in a recent article posted here.
The 2006 NEJM study found that the vast majority of weak cases were either resolved in favor of the defendant or dismissed altogether. David Studdert, a professor of health law at Stanford, pointed out that “critics have suggested that the malpractice system is inundated with groundless lawsuits, and that whether a plaintiff recovers money is like a random ‘lottery,’ virtually unrelated to whether the claim has merit.” Their study, based on an analysis of nearly 1500 claims across the nation, “…cast doubt on that view by showing that most malpractice claims involve medical error and serious injury, and that claims with merit are far more likely to be paid than claims without merit.”
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