How many medical malpractice cases go to trial?


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Question:

How many medical malpractice cases go to trial?

Answer:

It’s no secret that the vast majority of medical malpractice cases (and personal injury cases in general) end up getting resolved before a trial takes place, or at least before the trial is over. “Resolved” can mean anything from the case getting dismissed (whether by the plaintiff or by the court), to the plaintiff and defendant agreeing to settle the case for a certain sum of money. And remember that settlement can happen at any time -- from before a lawsuit is even filed, to just before the case goes to the jury for deliberation.

So, what percentage of medical malpractice cases end up actually going to trial? There are no current and reliable numbers to turn to on a regular basis, but here are a few studies floating around, and according to a fairly recent report from the U.S. Bureau of Justice Statistics, about 93% of all medical malpractice cases are resolved before trial, meaning that only 7% of cases end in a jury verdict whether in favor of the plaintiff patient or the defendant health care provider. For more facts and figures on medical malpractice cases, check out the links below.

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