Propaganda push for Obamacare (with Federal tax money)
Inuyasha wrote:
I never said that it was... However, a substancial percentage of malpractice lawsuits are frivolous.
Here is a place where I am actually going to agree with you--at least in part. [Break out the party balloons, folks, these days don't come very often.]
In the United States, well over 50% of claims conclude with no payment on the part of the physican, whether by settlement or in damages. Of cases that go to trial, the vast majority (better than 90%) find no negligence on the part of the physician. (These are AMA statistics: http://www.ama-assn.org/ama1/pub/upload ... or-mlr.pdf )
I don't know that I would use the word frivolous, however. I reserve that word for a claim that a plaintiff knows, or ought properly to know is without foundation or merit--a claim pursued for the purpose of securing a settlement for nuisance value. But in these cases, I suspect that a large percentage of them are the result of patient dissatisfication from circumstances like procedures that are unsuccessful.
Just because treatment didn't resolve your problem does not mean that the doctor made a mistake. But sometimes you can only find out whether or not the doctor made a mistake by examining the medical records, and the easiest way to get hold of them (and to preserve yourself from getting nonsuited by limitations) is to sue, and then make a decision about the merits once you have looked at the medical file.
_________________
--James
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