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Harvard School of Public Health Study Issues Important Findings About Malpractice Litigation

« Back to From the Desk of Bruce J. Klores, Esquire

In a special article entitled "Claims, Errors, and Compensation Payments in Medical Malpractice Litigation," the Harvard School of Public Health reached two important conclusions about malpractice litigation.

  1. That malpractice litigation is not fraught with frivolous lawsuits as the medical profession and insurance companies so often claim; and
  2. That the tort system in the United States works reasonably well as a means of compensating claims with merit.

My Impression:

Malpractice litigation is difficult, expensive, and emotionally charged. Nonetheless, the tort system in the United States is the best in the world and it still works well because of our right to put our disputes to a jury. The Seventh Amendment of the Constitution of the United States preserves our right to a trial by jury. We must oppose insurance company efforts to curtail our right to jury trials. Jurors are the ultimate guarantee that the rights of the individual are protected against big business and the government.

September 14, 2007

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