Defending Against Malpractice Claims

Medical liability insurance pays defense costs and generally covers claims for medical error and neglect. Even though medical claims against U.S. doctors are often dismissed and the verdict is usually in the physician’s favor when they go to trial, defending against a claim can be costly in terms of both time and money.

According to a study of more than 10,000 closed malpractice claims made against U.S. physicians during a recent three-year period, only about 55 percent resulted in actual lawsuits. Of the claims litigated, more than half were dismissed by the court. Less than five percent were decided by a trial verdict, which went in the doctor’s favor 80 percent of the time. Even dismissed lawsuits took more than 20 months. 

Note: According to the study mentioned above, malpractice cases that went all the way to trial typically lasted 39 months even if the doctor won.