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Joseph H. Saunders
Joseph H. Saunders
Attorney • (800) 748-7115

Frivolous Lawsuits a Fiction

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A new research study appearing in the May 11th New England Journal of Medicine, refutes the oft-mentioned claim by some that frivolous lawsuits, especially medical malpractice claims lack merit. For this study, which appears in the May 11 New England Journal of Medicine, a panel of trained physicians reviewed 1,452 closed malpractice claims from five liability insurers to determine if a medical injury really had occurred and, if so, whether or not it was due to medical error. The physicians focused on the areas of surgery, obstetrics, medication and missed or delayed diagnosis which, together, account for about 80 percent of all malpractice claims filed in the United States

“These findings are absolutely no surprise to any of us in the policy community. They are consistent with everything we suspected and learned from research over last 20 years, which is that the major problem out there is medical errors that are not compensated, rather than frivolous claims that are compensated,” added Dr. William Sage, a professor of law at Columbia University in New York City.