Why trial lawyers don’t see things our way

This letter explains why, referring to the recent Studdert study detailing a broken malpractice system:

The AP reporter got it right the first time. The report found that 3 percent of the claims had absolutely no adverse outcome for the patient at all. Thirty-seven percent had an adverse outcome but there was no negligence or malpractice involved.

The paper says, on page 2029, “We found that only a small fraction of claims lacked documented injuries. However, approximately one third of claims were without merit in the sense that the alleged adverse outcomes were not attributable to error.”

In Mr. Martin’s world, adverse outcome, no matter if there was no malpractice, equals a meritorious claim. I do not think most people see things that way. Despite all the things that doctors and physicians do for people, there are still illnesses and injuries that get worse and cause suffering and death.

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