The Center for a Just Society recently posted a detailed essay about tort reform written by an experienced attorney who has worked on all sides of the legal system. The author explains that his opinion on the merit (or lacking thereof) of tort reform was rooted in his experiences as both defense and plaintiff’s attorney in medical malpractice lawsuits.
The essay explains how the vast majority of medical malpractice cases that are actually accepted by attorneys are those with merit. Most attorneys take dozens of calls from potential clients in cases in which it is clear that there is a mix-up between negligence and an undesired result. Attorneys are well aware of the difference and explain that difference to disgruntled patients. Even with the patients whose cases are clearly meritorious, claims require thousands of dollars in upfront attorney investment time and costs just to get the case started.
Only then are potential experts consulted who can explain the actions that a reasonably competent medical professional should have taken. By this point after upwards of $15,000 have already been invested by many lawyers, and it is only then that an attorney is truly aware if their case has the potential to win in court. That huge initial investment means that almost no attorneys are willing to take on “frivolous” lawsuits. It remains prohibitively costly for any reasonable attorney to waste time with those unnecessary cases.
Our Chicago medical malpractice lawyers at Levin & Perconti stand by our commitment to ensuring that patient rights are protected. Medical mistakes often permanently injure and destroy the lives of innocent patients-those victims deserve the same legal protections afforded to all those who suffer because of negligent conduct. Our attorneys believe in the basic fairness of allowing our legal system to work as it should, with judges and juries hearing these disputes and deciding the appropriate course of action. A legislative decision that handcuffs the legal system’s ability to handle these cases does nothing but take away rights of suffering victims.
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