Many Medical Malpractice Claims Litigated, Few Go to Trial

On average, a medical malpractice claim is likely to lead to litigation, but most of those will be dismissed, or decided in favor of the physician, according to a new study.

The study was published by the Chicago-based American Medical Association in the Archives of Internal Medicine. The head researcher was Dr. Anupam B. Jena of Harvard Medical School and Massachusetts General Hospital.

The study focused on claim resolved between 2002 and 2005, and required defense costs to be incurred. About 55 percent of claims resulted in litigation, with some variation. Claims against obstetricians and gynecologists resulted in litigation about 63 percent of the time, while the number for anesthesiologists was 47 percent.

A slight majority of the cases studied were dismissed by the court, though the number varied by specialty. Internists and subspecialists had 33.3 percent of claims resolved prior to a verdict, while the number for pathologists was 49.6 percent.

According to the study, a claim culminated in a trial verdict 4.5percent of the time. The study also found that more than 75 percent of claims against specialists that go to trial are decided in favor of the physician. When a case was taken to the point of a verdict, the physician prevailed 79.6 percent of the time.

The study also looked at the length of time it takes to close a claim. The mean time was 19 months. Claims that were litigated tended to close after 25 months, while non-litigated claims closed in just under one year, on average.

Contact a Chicago medical malpractice attorney and Chicago birth injury lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit

Comments are closed.

205 W Randolph St. Suite 925
Chicago, IL 60606

Phone: 312.222.0010
Fax: 312.222.1203


Two Northfield Plaza, Suite 385
Northfield, IL 60093-4126

Phone: 312.222.0010
Fax: 312.222.1203


Phone: 312.222.0010

175 N. Chicago St.
Joliet, IL 60432-4126

Phone: 312.222.0010
Fax: 312.222.1203



PODCAST: Our podcast covers personal injury topics and cases.

Chicago Injury Alert by Briskman Briskman & Greenberg

© 2024 Briskman Briskman & Greenberg All rights reserved.
Disclaimer | Sitemap | Privacy | Accessibility Statement

The law firm of Briskman Briskman & Greenberg represents injured people throughout Illinois, including Chicago, the Chicagoland area, Joliet, Waukegan, Cicero, Evanston, Arlington Heights, Wheaton, Bolingbrook, and Naperville, as well as other cities within Cook County, Will County, DuPage County, Lake County and McHenry County. Briskman Briskman & Greenberg also represents injured people throughout Wisconsin, including Kenosha, Milwaukee, and Madison.

Custom Legal Marketing | Law Firm SEO That Works