Medical Malpractice Crisis Overstated
A recent report has revealed that despite claims that a medical malpractice litigation crisis exists – that courts are filled with both legitimate and frivolous medical malpractice claims - the opposite is true. In fact, tort filings – including medical malpractice cases – are down significantly.
Not surprisingly, the majority of cases – nearly 73% - are contract based monetary disputes. According to the recently released National Center for State Courts’ statistics, tort lawsuits dropped by 25 percent from 1999 to 2008 whereas contract caseloads grew by 63%.
Further, of the declining tort cases, medical malpractice caseloads comprise an ever-shrinking proportion. In fact, each year fewer than a couple hundred medical malpractice cases are filed in any one state. Although the enactment of tort reform may affect the number of filings, the number of filings is so small that a variety of factors may have the same impact.
When patients suffer harm from medical malpractice often the only recourse available is through the court system. With the recent political climate demanding medical malpractice reform, emphasis has been placed on finding alternatives to the current system. However, as this study reveals, our legal system is not inundated with medical malpractice lawsuits. Rather, fewer and fewer cases are being brought, and fewer injured patients having their day in court.
As Hawaii personal injury attorneys, we are committed to advocating for those harmed as the result of medical negligence and obtaining compensation for those injured. If you believe you may have been harmed as the result of medical malpractice, contact the attorneys at Bostwick & Peterson, LLP to find our how we can help.
