Malpractice Apology
Few doctors offer a malpractice apology. The rationale is simple - they fear suits for damages and
cringe knowing malpractice insurance coverage premiums will rise yet again. Today, the rising cost of
medical insurance for patients and malpractice coverage for doctors is blamed on malpractice lawsuits and
liberal personal injury laws, but
the factual data does not bear out this allegation. On a national pro ratta basis, malpractice
lawsuits have not increased in 20 years. Similarly, average settlement values and jury verdicts for
malpractice decreased over the same period. Tort reform has been effective, yet the myth endures as
insurance company profits skyrocket to ethereal heights.
Personal Injury Law - Malpractice Apology:
When considering any malpractice claim, state personal injury law and practices generally determine which causes of
action create liability, what damages are recoverable, and how to recover the award of a judgment. Less
frequently, federal law preempts state law and requires claims to be filed in the federal court or
administrative processes, or alternatively, may permit an election of either state or federal law. In all
malpractice cases, settlement of liability claims before trial is encouraged by the court system as a matter of judicial
economy. Settlement of malpractice claims is voluntary, and offers several distinct advantages over trial. These
advantages include the elimination of risk, a guaranteed recovery of a known amount, and the reduction of
time, attorney fees, and costs required to collect amounts owed. The primary disadvantage of settling a
malpractice damage claim is economic - plaintiffs may recover far more if the court or a jury assesses damage amounts.
Interpretation of Laws:
The application of personal injury laws is an organic process, based upon facts which are unique to each
malpractice claim. Statutes,
case law, and rules of court all influence the success or failure of each case. Lawyers who specialize in
malpractice damage claims for plaintiffs tend to be creative in expansive interpretation of both liability and damages
sustained. Likewise, defense attorneys and claims adjusters are equally creative in influencing settlement
for less than the true trial value when the claimant is not represented. See also: Malpractice Apology - How to Find a Lawyer, Laws, & Lawyer Searches.
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