There were some surprising variations in the frequency of litigation between medical specialties. Overall 54.1% of all medical malpractice cases between 2002 and 2005 with some defense costs were dismissed by courts. The difference in rates of dismissal for various specialties is stark: 61.5% of claims against internists were dismissed while only 36.5% of cases against pathologists were dismissed. Between those same two specialties, 33.3% of claims against internists were resolved prior to going to trial while 46.9% of claims against pathologists were resolved before going in front of a judge.
While the statistics are interesting the underlying message is nothing new. Most lawsuits, including medical malpractice lawsuits, do not go to trial. Judicial efficiency requires that most of the cases be settled or resolved prior to trial because if not, the court system would not be equipped to handle the resulting massive caseload. This new study, however, does shed some light on how other medical malpractice lawyers across the country, including those in the state of Mississippi, litigate claims based on the specialty of the physician defending the lawsuit.
The study shows significant differences between the rates of dismissal and trial from one specialty to another. A competent Mississippi medical malpractice lawyer would use this information to help him prepare for his next major medical malpractice case. If you or some you know has been injured, you need the help of a Mississippi injury attorney knowledgeable of the state’s confusing personal injury law to help protect your rights and recover damages for your injury.
Source: “Most medical malpractice claims litigated, but few go to trial: Study,” by Judy Greenwald, published at BusinessInsurance.com.