How lawyers handle medical malpractice cases

William J. Curran

This study analysed "The Medical Malpractice Legal System," a report prepared by Westat, Inc. for the Sectretary's Commission on Medical Malpractice in 1973. The 1973 study, the first of its kind in the U.S., surveyed 809 lawyers nationwide about why they accept or reject cases, the "contingent fee" system, settlement practices, outcome of litigation, and opinions about the jury system. The present report states that the largest single reason for rejection of claims, cited by lawyers 41 percent of the time, was "no perceived liability." The "economic worth of the case" was stated ten percent of the time while "difficulty of proof" was cited by five percent of lawyers surveyed. A selective survey of 409 lawyers, known or believed to have been involved in malpractice litigation, showed that they rejected 71 percent of malpractice cases, a rate slightly lower than that shown in the...