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New Study Shows Courts Not Clogged With Frivolous Medical Malpractice Lawsuits

(Thursday, May 11, 2006 -Washington DC)— New research published in the May 11 edition of the New England Journal of Medicine establishes that almost every medical malpractice suit filed in the United States has a meritorious basis and rejects claims that the civil justice system is inundated with frivolous lawsuits.

“This study, conducted by the independent and highly-respected Harvard School of Public Health, shows that efforts to implement a one-size-fits-all cap on non-economic damages in medical malpractice cases simply are unnecessary and merely a ploy by the insurance industry to pad their profit margin,” said Ken Suggs, president of the Association of Trial Lawyers of America (ATLA). “If anything, the research establishes that the system is advantageous to big insurance companies and biased against injured patients.”

Those who read the Associated Press account of the study may be a bit confused. The reporter wrote that 40 percent of all malpractice claims are groundless, which is in no way substantiated by the study. The reporter, apparently, combined the 3 percent of claims that didn’t involve injury with the 37 percent in which an injury occurred but no negligence was found. There’s a world of difference between the two as other journalistic reports properly noted.

The Harvard study found that most malpractice cases are meritorious, with 97 percent involving injury. Furthermore, 80 percent of the claims involving physical injuries resulted in major disability or death.

In fact, the study noted that the incidence of patients seriously injured as a result of medical negligence who don’t receive compensation is a far larger problem than cases where substantial monetary damages are awarded where negligence is not present. It also maintains the civil justice system does a good job of uncovering trivial claims and having them dismissed.

The research supports the wisdom displayed by the U.S. Senate this week when it rejected an attempt to apply a $250,000 one-size-fits-all cap on non-economic damages in medical malpractice cases.

“This study disproves once and for all claims made by large insurance companies that the civil justice system is overrun with frivolous litigation,” Suggs said. “The attacks by the insurance industry represent a ploy to further enrich itself at the public’s expense.”

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As the world's largest trial bar, ATLA promotes justice and fairness for injured persons, defends the constitutional right to trial by jury, and strengthens the civil justice system through education and disclosure of information critical to public health and safety. With 60,000 members worldwide, ATLA provides lawyers with the information and professional assistance they need to serve clients successfully and protect the democratic values of the civil justice system.