In line with my previous posts that explain how to resolve all medical malpractice lawsuits, especially frivolous ones, at the lowest possible cost for the physician and the malpractice carrier, this article addresses a malicious medical malpractice lawsuit. Malicious lawsuits deserve something more. Not only are they all frivolous, but they should exact a cost from those who seek to profit from them.

The forewarning

On June 19, 2018, a patient …

Read more…

Attention all doctors: You can be dismissed from a medical malpractice lawsuit and, at the same time, save 30% on the cost of your medical malpractice premiums per year.

Just as no physician is immune from a complication, none are immune from a resulting malpractice lawsuit. As of now, you stand a 5% chance each year of a medical malpractice lawsuit that has a 70% chance of being frivolous. A 70% …

Read more…

Readers familiar with my earlier posts understand that I believe nothing causes physician burnout more than the threat of a lawsuit. The risk for any doctor is 5% per year; hence, a malpractice suit is inevitable for every 20 years in practice. The common denominator is a complication from which no doctor has immunity.

Those who deny ever being sued are either not practicing long enough or the complication has little …

Read more…

Lawyers assert that they never file a frivolous lawsuit. All malpractice claims are legitimate because there is a reasonable suspicion of fault when a case is filed.

On January 21, 2022, at 11:40 a.m., I received a call from my attorney, who represented me in a frivolous malpractice lawsuit, informing me that I was unconditionally dismissed. I never doubted that dismissal with prejudice was inevitable.

For a lawyer, a …

Read more…

In a medical malpractice lawsuit, your defense is completely in the hands of the malpractice carrier, and, make no mistake of it, its interests come first. However, the medical malpractice insurance contract is more instrumental in the defense of a doctor than insurance companies realize. There are clauses in the contract that, at first glance, seem to benefit carriers. However, there is a flip side to each clause.

First Read more…

The prevailing party contract is not the only contract that can protect a doctor in medical malpractice litigation. There is also the doctor-defense counsel contract.

Because of the risk of litigation, doctors often have a contract with a medical malpractice insurance carrier. The carrier offers to cover litigation costs in exchange for premiums, limits on liability, and other terms of coverage. The insurance company is then obligated to appoint and pay …

Read more…

There are 50,000 medical malpractice lawsuits filed per year. Each doctor has a 5 percent chance of being sued each year, and every doctor will be sued at least once in 20 years. 70 percent of medical malpractice lawsuits are non-meritorious and are dropped. These represent 35,000 frivolous lawsuits. Until now, there is no way to prevent a frivolous medical malpractice lawsuit.

America is a litigious society. The medical liability …

Read more…