Just because you have the facts on your side doesn’t mean you’ll win your case. Medical malpractice lawyers have to evaluate a number of factors when determining if it makes sense to bring a lawsuit. One of those factors is jury bias.
- People like doctors. Jurors tend to think highly of doctors and regard them as upstanding citizens who serve the public good. When doctors fail to provide the appropriate standard of care, jurors have a tendency to give doctors the benefit of the doubt, rationalizing away the action or inaction that resulted in injury or even the death of a patient.
- Malpractice has consequences. Juries understand that there are far-reaching ramifications for doctors who lose malpractice cases. Whether or not the physician is actually at risk of losing his job, his position in the community, and even his license to practice medicine, the fears can weigh heavily in a juror’s mind. Jurors evaluate what might be one bad decision and compare that to a doctor’s long career of helping people and saving lives. Many times juries favor the doctor’s position even if they believe there was negligence.
- Tort reform. The insurance lobby has convinced the public that tort law needs to be reformed. According to Evan Aidman, author of Winning Your Personal Injury Claim, “political action groups on behalf of physicians and insurance companies have propagandized that medical malpractice litigation is out of control and consistently results in unreasonably large awards to the plaintiff.”
- Community impact. The grassroots tort reform campaign has been so successful that juries often worry that by awarding damages to plaintiffs, they may actually be endangering their own ability to seek the doctor of their choice. News stories about the high cost of medical malpractice insurance causing doctors to leave certain areas have convinced people that large awards for damages are to blame.
- The financial reality. Research shows that medical malpractice payments were at an all-time low in 2009. In 2008, more than 80% of malpractice payments went to victims who sustained quadriplegia, brain damage or death. The total cost of tort cases is a miniscule percentage of overall healthcare spending, although many politicians and political action groups continue to distort their impact.
You should work with your attorney when evaluating the benefits of going to court versus settling a medical malpractice case. Although settling can be difficult because healthcare providers do not want to admit when they’re wrong, and they have little financial incentive to settle, your lawyer may recommend a settlement. Taking jury bias into account, it may be in your best interest to settle a case rather than take it to court.