There's so much talk out there about "frivolous" medical malpractice lawsuits. You know, cases with no merit, filed by greedy lawyers just to shake down innocent doctors and hospitals, who supposedly pay off just to avoid costs of litigation.
Medical malpractice lawyers laugh at such suggestions.
First, it is us, the attorney, who funds the case that can easily run $25,000 and a lot more. Second, it is rare that an insurance company for a doctor or hospital will settle a case, even if it overwhelmingly favors the patient. The insurance company absolutely will not pay off on a junk medical malpractice claim.
So why would a law firm file a "frivolous" malpractice case only to spend a ton of money on a losing case, 2-4 years working the case, doing medical research, hiring experts, and taking deposition after deposition of doctors, nurses and administrative staff?
I don't think so. You file a medical malpractice lawsuit only when someone has suffered a major and permanent injury and you can retain a credible doctor as an expert witness who can explain the injury and how the treating doctor’s mistake caused the patient injury.