The Financial Risk of Medical Malpractice Cases
According to recent studies, the frequency of medical malpractice claims has dropped significantly in the United States. However, the expenses that are related to bringing medical malpractice claims are oftentimes astronomically high. The number of medical malpractice claims per 100 physicians dropped from 5.1 cases to 3.7 from 2007 to 2016, according to a CRICO Strategies report. This downward trend in medical malpractice claims may be due to many factors including better patient care, changes in the personal injury legal environment, and the increasing financial risk associated with medical malpractice cases.
The time it takes to litigate a medical malpractice case typically takes up to 29 months. The resources needed to establish a strong medical malpractice case through an independent investigation, witness interviews, and medical expert testimony can take a significant amount of time and financial risk.
Zach Christiansen, Attorney with The Bowling Law Firm, indicates that the financial risk the firm takes on in medical malpractice cases is high and on average they have a 50/50 chance that investment will pay off. Often it is even less than that, according to Christiansen.
The victim in a medical malpractice claim has the burden to prove that the action (or inaction) or a medical professional was unreasonable under the specific circumstances of the case. Additionally, the attorney for the victim must also prove that the patient was directly harmed due to that negligence. If a patient has any type of underlying or preexisting medical condition, the challenge to prove this burden increases considerably.
The decision to pursue a medical malpractice case must be made carefully. These cases are challenging and complex and are expensive to pursue. In many cases, attorneys will only take medical malpractice claims that involve catastrophic injuries such as traumatic brain injuries, paralysis, loss of a limb, organ failure, disability or death. Because of the extensive amount of time and resources needed to prove a medical malpractice claim, many attorneys are simply unwilling to risk their financial resources in what is oftentimes an uphill battle filled with significant obstacles.
Taking the burden of proof required by the law, the scientific and medical basis upon which a medical malpractice claim must be made, and the financial risk of pursuing a lawsuit that has a limited chance of success, many attorneys are simply choosing to avoid medical malpractice cases that are not clear and egregious in nature.
