"The trial bar needs unpredictability"

It is because of the jury’s unpredictability that leads to payouts and settlements:

The trial bar desperately wants the unpredictable nature of a jury to remain in the equation. Even though most cases that make it to court are won by the physician, the unpredictability of the outcome encourages physicians and their insurers to agree to a payment for an alleged error, even though in some cases the physician knows that none occurred.

As we have said for years, a system in which 75 percent of cases that make it to court are won by the doctor suggests that some or them never should have made it that far; a system in which only a few of those injured by malpractice ever receive compensation does not offer justice.

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