How to Feed a Lawyer (and Other Irreverent Observations from the Legal Underground)

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Of course, studies have shown that malpractice insurance rates are directly related to malpractice payout rates. Imagine that.

Meanwhile, California malpractice insurance rates are relatively lower than those in states without caps. As documented on overlawyered.


Ted: Thanks for your comment. I hope to do more on this issue next week.


If doctor's stopped screwing up, this wouldn't be a concern, so the blame lies directly with them.


....and of course I meant doctors not doctor's...


Actually, Justin, jury awards in malpractice cases are most correlated with the degree of the plaintiff's purported injury, rather than any malpractice by the doctor. So unless by "screwing up", you mean "failing to have a 100% success rate", your statement is empirically incorrect.


The problem is not that doctor's screw up. The problem is that juries indiscriminately award large amounts of money because of the severity of the plaintiff's injury or disabilities without regard to the existence or extent of malpractice. For example, if you are a neurosurgeon, you deal with many patients with head injuries and spinal cord injuries. These patients typically have a bad outcome. In the US today any time there is a bad outcome, patients are encouraged to sue. They are encouraged by the possibility of hitting the jackpot. They are encouraged by the lawyers advertising on television. This is not isolated to medical malpractice. It is pervasive in our society that there can be no accidents. Each time an individual is injured and it could be attributed to some outside force, there is a plaintiff's lawyer on tv or on the back of the phone book to take there case.

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