| Statistical
Trends in Medical Malpractice Cases
In
its 2002 comprehensive report titled: "Medical Malpractice:
Verdicts, Settlements and Statistical Analysis, Jury Verdict
Research details nationwide statistics regarding medical malpractice
cases.
Jury Verdict Research (JVR), maintains a nationwide database
of verdicts from plaintiff and defense attorneys. JVR is supplied
with data from every state in the nation. JVR was founded
in 1961.
JVR reports that between 1994 and 2000, the most frequently
claimed injury in a medical malpractice case was death (23%),
followed by brain damage (9%), genital injuries (7%), leg
injuries (5%), Cancer, spinal nerve and eye injuries (each
at 4%), paralysis, amputations, intestinal tract and foot
injuries (each at 3%). All other injuries accounted for 3%.
JVR also reported on the probability of a plaintiff verdict
for medical malpractice with regard to specific type of theories
alleged. For instance, the probability of a successful plaintiff
case involving an alleged diagnosis error was 37% in 2000,
down from a high of 39% in 1994. Similarly, the probability
of a plaintiff verdict in a negligent surgery case was reported
as 48% in 2000, up from the 1999 figure of 32%. In childbirth
cases, the probability of a plaintiff verdict was 38%, down
from a high of 46% in 1995 and 44% and 43% respectively for
the years 1998 and 1999. The lowest probability of success
were claims involving an allegation of lack of informed consent.
In these cases, JVR reported that plaintiffs prevailed only
26% of the time.
Another reported statistic by JVR was the probability of
a plaintiff's verdict broken down by defendant type. For instance,
between 1994 and 2000, hospital malpractice claims were won
by plaintiffs 50% of the time as compared to only a 30% success
rate for physician malpractice claims. When the case involved
claims against both a hospital and a physician, plaintiffs'
probability of success was 35%.
In terms of dollars recovered through settlement of medical
malpractice claims, JVR reported a settlement median for physician
malpractice was $375,000, and for hospital malpractice $300,000,
between 1994 and 2000.
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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