We’ve seen in several studies that many plaintiffs file medical malpractice lawsuits to get more information. People want to understand what happened to themselves and their loved ones, and when they don’t get that information, they seek out the mechanism our society has for compelling people to reveal information: a lawsuit.
In July, a study published in the journal Health Affairs again confirms that a lack of information drives medical malpractice lawsuits. This study looked at medical malpractice lawsuits filed in Massachusetts, and found that nearly 60% of medical malpractice lawsuits were dropped after the plaintiff received additional information through the legal process. These claims are not dropped because they are frivolous. Instead, these cases were initially believed to be strong by the plaintiff and by their lawyer, but additional information revealed them to be unlikely to yield a successful result.
The author of the study suggests that many of these cases could be prevented if the process were reformed to allow dialogue between lawyers from both parties to communicate earlier in the process. The author speculates that if this discussion were framed by a frank discussion of the possibilities of a lawsuit, then it would serve the place of earlier discussion.
It seems sad that our health care system has degraded to the point that doctor-patient communication has been replaced by lawyer-lawyer dialogue. If a doctor is honest with a patient, it is likely that many of these cases could be resolved without the involvement of a lawyer.
Unfortunately, this is rarely the case. If you need answers from your doctor and you cannot get them, perhaps a medical malpractice lawsuit could help. Please contact the Columbus personal injury lawyers of Robert W. Kerpsack, CO, LPA today to schedule a free case evaluation today.