Medical Malpractice Myths: The Tort System and Jackpot Justice

Some people believe that the medical malpractice justice system doles out compensation on a regular basis. Uninjured patients can take home millions if they have a convincing attorney, whereas those who have gone through traumatic ordeals can leave with no money at all in their trial. While this is a common concept that is affixed to medical malpractice cases, it is not always the truth. In fact, not all medical malpractice cases are evidences of “jackpot justice.”

Instead, people with the right attorney on their side naturally have a greater chance of receiving a large settlement. One researcher points out that many medical malpractice cases are the juxtaposition of bad luck and neglect of care. When a person cannot determine whether or not their case was because of poor care or because of an unfortunate circumstance, it can be hard to prove why that victim needs compensation.

Many patients who experienced relatively appropriate care may initiate claims, whereas other patients who were truly harmed by medical negligence may decide not to file suit. There are also times that people cannot find a lawyer willing to take on their case. These patients who truly deserve compensation may fail to initiate claims. This is what causes many to view the system as a jackpot justice system. Naturally, the justice system tries to award people more compensation based on the severity of their injuries.

Also, the justice system tries to give more to the victims of blatant neglect than to those that were simply a victim of a serious accident. Those with large injuries from medical malpractice often struggle with proving that that the injuries were due to neglect, and this is why they don’t recover as much as the justly should. Research shows that tort reform has caused the number of medical malpractice claims in many states to decline by as many as 5,300 per year, and about 80-85% of all claims do not close with payment.

Because of tort reform in medical malpractice cases, most settlements are voluntary between the parties involved, rather than because of a trial-determined verdict. Studies show that in all payout cases, there was an average of $609,000 in payment in pre-reform periods and there is not a payout of about $419,000 per case in the post-reform period. If you want more than the mean or median payouts, researchers have determined that you must display more than just an injury, but an incident that was permanent and serious.

The ceiling on payouts is now relatively modest and those who suffered grave injuries received a mean payout of only about $1.25 million and a median payout of about $1 million. If you want more information about these details, then you need to contact an attorney today.

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