KevinMD July 4, 2024
Howard Smith, MD

There is a serious flaw in medical malpractice litigation, and it is not what you may think. My post about a hypothetical medical malpractice case is not hypothetical but emblematic of the flaw. Medical staff at a major hospital in Washington, DC, did depart from applicable standards of care regarding limb salvage. The patient is actually a 78-year-old family member who suffers septic shock and a left above-the-knee amputation. There are no fewer than ten plaintiff malpractice attorneys in the area who are contacted. None agree to represent this case.

There are 85,000 medical malpractice lawsuits filed every year. According to one plaintiff attorney, 1 of every 37.5 cases reviewed is represented. Therefore, roughly 3 million cases are rejected. Undoubtedly,...

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