PROFESSIONAL ISSUES

Plaintiffs win birth lawsuits most often

But overall, doctors won 61% of the medical malpractice cases brought against them in 2001.

By Tanya Albert, AMNews staff. April 14, 2003.

The median jury award in medical malpractice cases in 2001 stayed exactly where it was a year earlier -- $1 million, according to new statistics released by Jury Verdict Research.

But the proportion of plaintiffs who won their cases against physicians and other health professionals increased slightly in 2001 to 39%, up one percentage point from the rate in 2000, the study showed.

"While plaintiffs are still compensated with million-dollar awards in some cases, the majority lose their jury trials and never receive a dime," said David Boxold, editor of the study, "Current Award Trends in Personal Injury -- 2002 Edition."

Plaintiffs in childbirth negligence cases were the most successful, winning their cases 53% of the time. Plaintiffs suing for surgical negligence won 44% of the time and patients claiming there was negligence in the diagnosis won 38% of the time, according to the study.

Compared with other areas of personal injury liability, defendants in medical malpractice lawsuits are more likely to win their cases. For example, in 2001, 57% of plaintiffs in premises liability cases won; 56% of plaintiffs in product liability cases won and 68% of plaintiffs in vehicular liability cases won, the study found.

Jury Verdict Research calculated the median plaintiff awards based on data from 1995 to 2001. Here is what they found were the median awards: