Statistical
Trends in Medical Malpractice Cases
In its 2002 comprehensive report titled:
"Medical Malpractice: Verdicts, Settlements
and Statistical Analysis, Jury Verdict Research
details nationwide statistics regarding medical malpractice
cases.
Jury Verdict Research (JVR), maintains
a nationwide database of verdicts from plaintiff and
defense attorneys. JVR is supplied with data from
every state in the nation. JVR was founded in 1961.
JVR reports that between 1994 and 2000,
the most frequently claimed injury in a medical malpractice
case was death (23%), followed by brain damage (9%),
genital injuries (7%), leg injuries (5%), Cancer,
spinal nerve and eye injuries (each at 4%), paralysis,
amputations, intestinal tract and foot injuries (each
at 3%). All other injuries accounted for 3%.
JVR also reported on the probability
of a plaintiff verdict for medical malpractice with
regard to specific type of theories alleged. For instance,
the probability of a successful plaintiff case involving
an alleged diagnosis error was 37% in 2000, down from
a high of 39% in 1994. Similarly, the probability
of a plaintiff verdict in a negligent surgery case
was reported as 48% in 2000, up from the 1999 figure
of 32%. In childbirth cases, the probability of a
plaintiff verdict was 38%, down from a high of 46%
in 1995 and 44% and 43% respectively for the years
1998 and 1999. The lowest probability of success were
claims involving an allegation of lack of informed
consent. In these cases, JVR reported that plaintiffs
prevailed only 26% of the time.
