There Is No Epdiemic of Medical Malpractice Lawsuits
December 14, 2009
Moreover, the term “frivolous lawsuit” has no application in medical negligence cases. Does Ms. House really believe that lawyers file frivolous medical malpractice lawsuits? Such a claim frankly is incredulous for several reasons: First, the law requires that a patient must file an affidavit with the court indicating that he/she has a letter of merit from physician(s) supporting the allegations of negligence. Without it, the lawsuit gets dismissed. Secondly, these cases are extremely expensive. Expert witnesses for both the patient and the health care providers are expensive to retain and to consult. That expense is borne by the attorney since the injured patient many times has no means of financial support. No lawyer is going to advance thousands of dollars to promote a case of futility. Finally, any lawyer who takes on a health care provider must educate himself with regard to the basic issues of medicine involved in the particular case. This research is extremely time consuming but absolutely essential if the lawyer is going to represent the client effectively.
Why would I or any other lawyer invest so much energy into a frivolous matter?