Bar Bulletin

Bar Bulletin

A Survey of Public Attitudes about Medical Malpractice Claims

August 2018 Bar Bulletin

By Thomas M. O’Toole and Jill D. Schmid

Medical malpractice lawsuits historically have had one of the lowest plaintiff success rates of any litigation type. Research shows success rates in the 25- to 30-percent range. 

Notably, a 2017 Harvard Medical School study found that while the rate of paid medical malpractice claims has dropped significantly over the past 25 years, the average payout rose about 23 percent during that same period. The number of payouts topping $1 million was around 8 percent. 

To get a closer look at the peculiarities of medical malpractice litigation, Sound Jury Consulting conducted a national survey of 400 jury-eligible...

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