A Turn Around In Medical Malpractice Litigation?

Brooks Schuelke

Contributor

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Medical malpractice cases are hard, and for the last several years big insurance companies and big businesses have spent millions of dollars to convince the American jurors that a medical malpractice crises exists. As a result, it has been harder for plaintiffs to win medical malpractice cases, and when plaintiffs do win, the damages have been lower. But I have some hope that is changing across the country. Today's Chicago Tribune reports on a $11.5 million settlement in a birth defect medical malpractice claim. Today also brought a report that an Indiana jury has awarded a family almost $1 million in her medical malpractice case after the patient's dentures became lodged in her throat and eventually sent her into shock.

And the results are trickling down to Texas. There have been numerous reports in the last few months of plaintiffs obtaining excellent results in medical malpractice cases. The latest was an announcement earlier this week of a plaintiff winning a $5.25 million verdict in a Tarrant County case.

This trend bodes well not only for future medical malpractice claims, but for all personal injury claims. We have always maintained that juries reactions on cases goes on a pendelum, and that the pendelum would eventually swing back towards the middle. Maybe that's happening now. Personal injury cases still aren't easy, and won't be easy, but at least now we may have some shot at justice.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.