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Recently, with the debates and the upcoming presidential election we have heard the cry for tort reform – particularly in medical malpractice cases. However, recent studies show the the claim of runaway juries and ridiculous verdicts is simply propodanda. In fact, only approximately 27% of malpractice plaintiffs prevail at trial and that number is far less in states such as New York.

Reviewing a fifteen year study conducted in New Jersey, he determined that less than half of the lawsuits which were deemed “indefensible” by the doctors themselves resulted in a plaintiff’s verdict.

If this study were to be believed, then one must wonder why doctors complain so much about the drastic increase in their malpractice premiums. Or, why their malpractice premiums are increasing as such a rapid pace….

Therefore, next time you hear the cry for tort reform think about the validity of the claim and whether it is meant to protect doctors or rather simply another ploy for insurance companies to make greater profits.

For more information on this subject, please refer to our section on Medical Malpractice and Negligent Care.

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