| Health
Care Providers Win Most Cases
According
to Jury Verdict Research, in the year 2000, health care providers
won approximately 62% of the cases that were tried by a jury.
That means that the patients only prevailed in approximately
38% of all the jury trial cases in this country.
In cases involving the allegation of misdiagnosis in a medical
malpractice case, patients only won 37% of the jury trials
against the defendant health care providers. These lopsided
statistics demonstrate that the jury system in this country
is not using sympathy to give run away verdicts to patients
of medical malpractice.
Jury Verdict Research bases these statistics from its nationwide
database of 193,500 personal-injury verdicts and settlements.
The 2000 statistics are slightly higher than in the previous
years, but the six year average demonstrates that patients
only won 34% of the time and health care providers won 66%
of the jury trials.
It is hard to argue that jury awards to plaintiffs in medical
malpractice cases is a valid basis to limit a patient's recovery
in these cases. From 1995 to 1996 the percentage of jury trials
won by plaintiffs actually went down by 6%. That trend continued
between 1997 to 1998 when verdicts decreased from 35% to 33%
of jury cases won by the plaintiff.
Critics of these statistics argue that the median award increased
by approximately $250,000 between 1999 and 2000. However,
what is not mentioned is the fact that the overall costs of
pursuing these cases and the low chance of prevailing at a
jury trial has had a chilling effect on filing these cases.
Thus, only the most clear cut high damage cases are worth
pursing. Those cases are worth more and thus drive the statistical
average award higher.
In other words, without more zero and low dollar verdicts
driving the average award lower, the median award will appear
higher. This simply means that all of the past tort reform
has worked to eliminate the frivilous cases from being pursued
in favor of the really obvious cases of malpractice that have
the most devastating consequences for the patients.
The Cochran Firm - Dallas, L.L.P.
Turtle Creek Centre, Suite 1400
3811 Turtle Creek Boulevard
Dallas, Texas
75219
phone:
214.651.4260
| fax: 214.651.4261
Edward H. Moore is Board Certified, Personal Injury Trial Law. Unless otherwise noted, not certified by the Texas Board of Legal Specialization.
The statements and information provided on this web site are for the information of the recipient only. This site is not intended to provide legal advice and no attorney-client relationship should be deemed to arise from the receipt this page and its associated pages. |
Copyright © 2003 The Cochran Firm - Dallas, L.L.P.,
All Rights Reserved.
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