A recent article debunking the “myths” about medical malpractice appeared in a surprising publication: Chest. This is a journal published by the American College of Chest Physicians. Although the myths listed are those commonly held by physicians, they are also widely held by the public. That means those same myths are solidly in the minds of jurors when they decide a medical negligence case Washington State

Over the past several decades, insurance companies and medical organizations have been engaged in a campaign of misinformation and untruths about medical negligence cases. The campaign usually involves an effort to impose restrictions and limits on medical cases, such as a cap on damages or limits on attorneys’ fees. Regardless of whether the campaigns are successful in enacting legislation, the effect has been to negatively influence the public and juries about medical negligence cases.

It has been, in reality, a massive – and, unfortunately, successful – case of jury tampering. This has resulted in juries who believe that many, if not most, medical negligence cases are frivolous, that the plaintiff is playing “litigation lottery,” that plaintiff’s verdicts are driving up health care costs and insurance rates, and that the lawsuits are driving doctors out of business or forcing them to move to other states.

None of this is true, as the Chest article points out, but it is a reality that all plaintiffs and their attorneys must face when they bring a medical negligence lawsuit in Washington State. It is not an even playing field.

The article is available here:

[American College of Chest Physicians: Five Myths of Medical Malpractice][1]

[1]: http://journal.publications.chestnet.org/article.aspx?articleid=1512512 “American College of Chest Physicians: Five Myths of Medical Malpractice”