KevinMD December 24, 2024
Howard Smith, MD

A medical liability litigation industrial complex manipulates medical liability litigation with three talking points. As a result, 85,000 lawsuits are filed per year. Of these, 56,000 are summarily dropped; 28,000 are settled; 300 are plaintiff verdicts, and 700 are defense verdicts. The cost of health care is $60 billion per year, and the medical liability litigation industrial complex takes a chunk of the action. There is considerable uncertainty. Facilities close because of it. Medical care is denied or curtailed.

Uncertainty results because only 28,300, or one-third of all filed lawsuits—specifically plaintiff verdicts and settlements—are meritorious, while two-thirds, or 56,600, are frivolous. There are twice the number of frivolous lawsuits as meritorious ones. This is upside down. Lawsuits are not supposed...

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