Medical-malpractice suits are among the most difficult to win for plaintiffs’ attorneys. They must overcome the common belief that medical-malpractice suits are inflating insurance premiums, and the standard-of-care burden is much more imposing than the burden of proof in cases stemming from falls or motor-vehicle accidents, for example. This is all common knowledge. But are all medical-malpractice cases alike? Is a radiologist as likely to win as a dentist? The answer, based on cases reported to VerdictSearch, is no. The accompanying chart demonstrates that orthopedists, chiropractors and physiatrists generally prevail in about 80 percent of cases, but nurses--the doctors’ often-underappreciated assistants--win about 58 percent of the time. Other laggards include gynecologists, obstetricians and plastic surgeons.
HOW TO: This one is easy. We’ll run through it for the first category: chiropractors and physiatrists. Log onto VerdictSearch.com’s search platform. In the Type of Case field, unfold the medical-malpractice cases and select Chiropractor and Physical Therapist. Now go to the Award Type field and select Verdict-Plaintiff. Check the Estimated Results field to see the number of plaintiffs' verdicts for that medical practice group. Now let’s check for defense verdicts for that group. De-select Verdict-Plaintiff and select Verdict-Defendant to see the number of defense verdicts. Some simple math will give you the win/loss rate.
WHILE WE’RE ON THE TOPIC: Scroll through the other selections in the medical-malpractice menu to see how attorneys have tried cases with fact patterns similar to yours.