Medical Negligence Awards are Declining

By Howard D. Mishkind, Esq.

Even though the general perception is that juries are awarding large verdicts to medical negligence parties, this is not true. Study after study reveals that most medical errors do not result in a lawsuit being filed and those cases that do result in a lawsuit being filed, are usually defended successfully due to multiple defenses that exist that protect physicians from being held accountable for medical errors. Even those cases that are pursued, are resulting in lower awards for injuries caused by medical negligence. A recent study reveals that payments for medical negligence claims are declining and the payment amounts correspond to the severity of the injury, contrary to the myths that juries award irrational damages and that many of the lawsuits are frivolous. See, The Great Medical Malpractice Hoax, NPDB data continue to show medical liability system produces rational outcomes, public citizen, January 2007 (available at http://www.citizen.org/).