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What Practitioners can Teach Academics About Tort Litigation – The Plaintiff’s Perspective in Medical Malpractice Litigation

What Practitioners can Teach Academics About Tort Litigation – The Plaintiff’s Perspective in... AbstractAlthough 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. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Tort Law de Gruyter

What Practitioners can Teach Academics About Tort Litigation – The Plaintiff’s Perspective in Medical Malpractice Litigation

Albro, Thomas E.; Hendell, Thomas M.
Journal of Tort Law , Volume 13 (2): 8 – Nov 18, 2020
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Publisher
de Gruyter
Copyright
© 2020 Walter de Gruyter GmbH, Berlin/Boston
ISSN
1932-9148
eISSN
1932-9148
DOI
10.1515/jtl-2020-2005
Publisher site
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Abstract

AbstractAlthough 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.

Journal

Journal of Tort Law – de Gruyter

Published: Nov 18, 2020

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