Every year, U.S. citizens file an average of 85,000 medical malpractice cases, resulting in damage payments of $42 billion. Of course, news reports focus on a relatively small number of huge jury verdicts or medical claims by the rich and famous, such as the recently settled Linda Evangelista lawsuit. But these huge verdicts and settlements represent less than 0.05% of medical malpractice cases. The vast bulk of filed cases are marginal, are unlikely to result in a recovery for the plaintiff, and impose heavy costs on medical professionals, citizens’ healthcare costs, and the plaintiffs themselves. Tort reform should focus on reducing these marginal lawsuits.
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