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What Practitioners can Teach Academics About Tort Litigation – The Plaintiff’s Perspective in Medical Malpractice Litigation
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Thomas E. Albro
and
Thomas M. Hendell
Published/Copyright:
November 3, 2020
Abstract
Although medical errors are a leading cause of injury and death in the United States, only a small fraction of claims result in litigation, and the number of paid claims continues to decline. There are many reasons for the relatively small number of medical errors that result in medical malpractice litigation, including the prohibitive cost of procuring medical experts, caps on recovery, the long timeline of a med mal case from intake to verdict or settlement, and the outsized success rate of defendant doctors at trial. This article explores all of these topics, as well as common causes of action and notable plaintiff types.
Published Online: 2020-11-03
Published in Print: 2020-11-18
© 2020 Walter de Gruyter GmbH, Berlin/Boston
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Articles in the same Issue
- Frontmatter
- AALS Torts Panel
- “…A Damn Shame”: James Davey’s Thoughtful Cynicism
- By Insurers, For Insurers: The UK’s Liability Regime for Autonomous Vehicles
- Not So Fast: A Brief Plea for Muddling Through the Problems of Autonomous Vehicle Liability
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- Expert Testimony Needs Judges to Act as “Gatekeepers”: The Maryland Court of Appeals Teaches Why
- Shifting the Burden of Proof on Causation: The One Who Creates Uncertainty Should Bear Its Burden
- Defending Government Tort Litigation: Considerations for Scholars
- What Practitioners can Teach Academics About Tort Litigation – The Plaintiff’s Perspective in Medical Malpractice Litigation
- Litigation Financing: Balancing Access with Fairness
- Products Liability Law – Lessons from the Military and Industrial Contexts
- What Practitioners can Teach Academics about Tort Litigation: Auto Accidents from the Plaintiff’s Counsel
- Fighting the Good Fight: The Insurance Defense Litigator
Keywords for this article
medical malpractice;
injury;
negligence;
doctor;
expert;
verdict;
plaintiff
Articles in the same Issue
- Frontmatter
- AALS Torts Panel
- “…A Damn Shame”: James Davey’s Thoughtful Cynicism
- By Insurers, For Insurers: The UK’s Liability Regime for Autonomous Vehicles
- Not So Fast: A Brief Plea for Muddling Through the Problems of Autonomous Vehicle Liability
- Essay
- Ordinary Tort Litigation in China: Law versus Practical Justice?
- Symposium, “What Practitioners Can Teach Academics about Tort Litigation”
- Expert Testimony Needs Judges to Act as “Gatekeepers”: The Maryland Court of Appeals Teaches Why
- Shifting the Burden of Proof on Causation: The One Who Creates Uncertainty Should Bear Its Burden
- Defending Government Tort Litigation: Considerations for Scholars
- What Practitioners can Teach Academics About Tort Litigation – The Plaintiff’s Perspective in Medical Malpractice Litigation
- Litigation Financing: Balancing Access with Fairness
- Products Liability Law – Lessons from the Military and Industrial Contexts
- What Practitioners can Teach Academics about Tort Litigation: Auto Accidents from the Plaintiff’s Counsel
- Fighting the Good Fight: The Insurance Defense Litigator
