BJS: Bureau of Justice Statistics

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Bureau of Justice Statistics (BJS)
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Medical malpractice trials
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 Medical Malpractice Trials In State Courts

  • During 2005 an estimated 2,449 medical malpractice cases were disposed of by bench or jury trial in state courts of general jurisdiction throughout the country. A jury decided about 99% of these trials.
  • Plaintiffs prevailed in less than a quarter of medical malpractice trials.
  • Medical malpractice jury trials garnered relatively high median damage awards. The awards in medical malpractice jury trials ($400,000) were 17 times greater than the overall median awards in tort jury trials. These high award amounts may be partially explained by the fact that allegations of wrongful death were asserted in two-fifths of medical malpractice jury trials with plaintiff winners.

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