A popular idea promoted by anti-plaintiff tort reform advocates, including the insurance industry, is the so-called medical malpractice crisis in Pennsylvania.
Many of their claims include that plaintiff attorneys are quick to file malpractice claims, especially in jurisdictions like Philadelphia, that plaintiffs view lawsuits as potential windfalls, and that medical malpractice lawsuits force good medical providers to leave Pennsylvania.
However, these allegations mostly lack merit.
First, in medical malpractice lawsuits, plaintiff attorneys assume the financial risk through investigation, litigation and potential monetary recovery.
This is because plaintiffs are usually represented on a contingency fee basis, meaning attorneys do not get paid any attorney’s fee and are not reimbursed for litigation costs unless money is recovered.
Investigating and litigating malpractice cases are extremely time-consuming, often lasting many years before trial or settlement, and are very expensive, with some well-qualified medical experts charging upwards of $1,000 per hour.
Consequently, plaintiff attorneys, including myself, decline representation for 90-95% of potential clients who reach out with complaints of malpractice.
Second, since plaintiff attorneys typically decline representation for 90-95% of potential clients, only a fraction of those who believe they may have a case actually become plaintiffs in malpractice lawsuits.
Furthermore, well-documented studies have shown that only a fraction of medical malpractice victims decide to contact attorneys to investigate and bring a lawsuit.
Third, the claim that medical malpractice lawsuits force good medical providers to leave Pennsylvania is speculative at best and not backed by objective evidence.
There are many reasons medical providers, like professionals in other fields, leave Pennsylvania. These include the cost of living, taxes and better opportunities.
If you or a loved one has suffered a medical-related injury, consider reaching out to an experienced medical malpractice attorney.
Emmanuel Law Firm, LLC is part of the Metro Philadelphia Community Connect sponsored content program.
