Also tell me anything else important to know about this issue, please?
Thanks very much guys.
The 90% statistic that I am familiar with is that many malpractice cases fail.
The American Association for Justice, previously known as the Association of Trial Lawyers of America, published an article stating that the percentage of verdicts for defendants in medical negligence cases “often reaches 80% or more” in virtually every jurisdiction. (Shrager, Before You Accept a Case, Screen the Claim, Trial, May 1993, p. 18.) The author of that article, a past president of ATLA., admited that in some jurisdictions 90% of all medical malhow practice claims fail.
It is true that many cases settle, but only the ones in which there is fairly clear liability and clear written medical narrative documenting how the medical care fell below the average standard of care and specifically what damages were caused by that substandard case.
Not a true or false question. I don't know that anybody has actually put a number on it. If there is a percentage number, it undoubtedly varies from state to state and even county to county. The phrase "going to court" is not one that most lawyers use and it is very vague. The following generalizations may be made. Very few medical malpractice cases are settled in claim before a lawsuit is filed. Of those that are filed, few are settled early, and a substantial proportion are discontinued or dismissed before trial. Of the cases that go to trial, most are settled shortly before or during trial. I hope you are not going to cut and paste this into an exam.
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Professional liability policies generally give the insured the option to refuse a settlement, even if the insurer wants it; the insured's reputation is on the line. Meaning, it's not necessarily about money.
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