New Study Proves Courts Not Overburdened with Frivolous Lawsuits
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 http://www.thewilliamslitigationgroup.com or call 1.912.264.0848.
The Williams Litigation Group
5 St. Andrews Court
Brunswick, GA 31520
Toll Free: 877.307.4537
View Larger Map
- $1,500,000 Jury Verdict in a Case Against a Hotel
My firm, along with attorney Chris Stewart and Eugene Felton, recently received a verdict for $1,500,000 in a case against a hotel in Camden County, Georgia. The case involved a hotel front-desk clerk giving out our client’s room key to an unknown individual who ultimately used the key to enter the client’s room and sexually assault her. During the course of discovery it was discovered that the hotel did not have a written policy requiring individuals to present identification before recoding keys and the hotel employees essentially had no training in this regard. Nathan Williams www.TheWilliamsLitigationGroup.com
- $330,000 Jury Verdict in Case Against Wal-Mart
We recently received a $330,000 jury verdict in a case against Wal-Mart. The jury found that Wal-Mart had incorrectly filled our client’s medication with Warfarin, which is a blood thinner. Client had multiple hospital admissions directly caused by his unknowingly taking the wrong medication. Despite Wal-Mart’s repeated denial of the mistake, the jury found otherwise and held them accountable. A good result for a wonderful client. Nathan Williams www.TheWilliamsLitigationGroup.com
- How Common are Pharmacy Errors?
Very. You should check every prescription you have filled to confirm that you have the correct medication – this especially true with your children’s medication. Many chain pharmacies (CVS, Walgreens, etc.) actually have a “pill identifier” label on the outside of the bottle. This label describes the shape and color of the pill that is supposed to be in the bottle. Some chain pharmacies (i.e. Wal-Mart) don’t currently provide this label. You should always confirm that both the label on the outside of your bottle is correct as well as the shape, size, and inscription on the pill is correct. […]