A new study by researchers at Rutgers University Medical School reveals that outcomes in medical malpractice lawsuits vary significantly depending on where in the U.S. the claim is filed. Published in the Journal of Oral and Maxillofacial Surgery, the study analyzed federal litigation data from 43,000 facial trauma medical malpractice cases with payouts totaling $3.8 billion for allegations pertaining to inadequate care in diagnosis, treatment or surgery.
The researchers discovered physicians have the statistical advantage in medical malpractice cases no matter where a person lives. However, the likelihood of success varied significantly by region. For example, in the South, only ten percent of these claims were successful. In the Midwest, courts affirmed 40 percent of these same claims. Researchers concluded there were a few possible explanations, including a “proclivity for Southern judges to dismiss claims.”
Although this might seem discouraging, our Bangor medical malpractice lawyers note that of those cases decided by a jury trial, plaintiffs overwhelmingly did win. Roughly 40 percent of claims analyzed were decided by a jury, with awards ranging from $14,500 to $1.8 million.