There is not a lot of recent data out there regarding the chances that a malpractice lawyer will acheive a recovery for the injured victim at trial. I was able to find one recently. According an old Jury Verdict Research analysis in 2003, 34% of medical malpractice verdicts end with a Plaintiff's verdict. The JRR study looked at medical malpractice cases in which the plaintiff brought malpractice lawsuit against a hospital, doctor or both. This study included cases involving cancer misdiagnosis, childbirth, delayed treatment, diagnosis, lack of informed consent, negligent surgery and negligent supervision.
You have to remember that this study includes victims who tried to represent themselves or were not represented by a quality Maryland malpractice lawyer. This can make all the difference in the world. I suspect if you look at cases with good medical malpractice lawyers, you would find a number that approaches 50%. Even more importantly for malpractice victims who file a malpractice lawsuit, it is worth remembering that that the best malpractice lawsuits typically - although not always - settle.
This JRR study also looked at the most frequently claimed injuries in successful medical malpractice cases. Wrongful death malpractice cases accounted for 23% of the total number of plaintiff's' medical malpractice verdicts, with brain damage coming in second at 9%. Genital injuries accounted for 7% and leg injuries accounted for 5% hospital malpractice lawsuits.
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