When is a case of medical negligence worth pursuing?
Twenty to thirty years ago, if a medical professional was clearly responsible for an injury, even a relatively minor injury, it was possible to get their insurance company to provide compensation, sometimes without even filing a lawsuit. Since then, things have changed dramatically. The medical profession and their insurance companies now refuse to accept responsibility for any injuries or deaths unless a lawsuit is filed, experts have been retained and have testified, and preparations for trial have been completed. Even then, they will not settle unless you have convinced them that you have a very good chance of winning in a jury trial. The medical profession and their insurance companies have also convinced state legislatures and supreme courts that there was and is a crisis in medical malpractice costs that has been driving up malpractice insurance costs to intolerable levels. Despite a total lack of empirical evidence to support their claims, this has resulted in laws and decisions
