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Medical Malpractice Jury Verdict Trends Show Lowest Rate of Success in Years

Michael Strong
Senior Attorney, Strong Law Firm

Posted on Sep 30, 2011

As a member of the American Association of Justice, we compile statistics on how often juries find in faovor of injured parties in medical negligence cases.  Nationwide, we are told by AAJ that the percentage of medical negligence cases that have been won by patients is declining steeply. 

In the 2011 edition of Claim Trend Analysis published by Physician Insurers Association of American, a consortium of 23 medical negligence insurers, there is a list of patient favorable medical malpractice jury awards. The Claims Trend Analysis compiles data for medical negligence cases. The reports have been published every year since 1985.

Here is what the 2011 publication shows. The past six years have been the six lowest years in terms of the percentage of successful patient jury verdicts in the 25 years of data collection by PIAA. The lowest percentage was recorded last year, when the patients won 6.6% of the verdicts. The health care providers won 93.4%.

That means on this average, 93.4% of the time patients lost their case at trial last year.  Any notion that there is a plague of frivolous lawsuits is unwarranted by these statistics.

Thus, if you have lost a medical negligence case at trial, you are not alone.

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