The answer is an important one to injured claimants, physicians, medical malpractice attorneys and professional malpractice insurance carriers and their legal representatives alike. The best answer may be a result of many conclusions arrived at by way of empirical evidence provided by a review of the numbers from each State of all medical malpractice claims that settle before actual trial, which will be many of them, those cases that are dismissed by the court for procedural or subject matter shortcomings, and those cases that actually are scheduled for trial and whose parties ultimately appear for and participate in a medical malpractice trial. Many people have personal opinions as to how many medical malpractice cases go to trial but few will point to any actual evidence supporting that opinion other than the old “years of practice” claims.
Medical Review Panels
Many States will require medical malpractice claimants to participate in a “pre-trial review” before a medical review panel. This process is somewhat prejudicial toward the physician defendant for the reason that the injured claimant is required to show all the “cards he is holding” in terms of proof of his claim of injury at the review panel stage which is prior to any real trial on the merits. This element of the requirements of a medical malpractice claim will result in the dismissal of many frivolous claims that are unable to sustain the requirement of proof of all of the elements supporting the claimant’s action of medical negligence. In many States the findings of the review panel are binding and in some cases for a claimant to continue with his action he must post large bond amounts in many cases separating the “men from the boys” or the experienced attorneys from those who are new at the medical malpractice game. Ultimately, the interests of the physician and his medical malpractice insurance carrier are benefited by this stage of the litigation, and again, it depends on your viewpoint and political affiliations as to whether or not this judicial requirement is fair or foul.
Getting Legal Help
It is important for people to understand that if they or someone they love has suffered injury due to the actions or mistakes of a physician only an experienced medical malpractice attorney can properly evaluate the merits of filing and maintaining a successful medical malpractice action against that health provider.
