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Birth Injury Claims Most Successful

By Janice G. Inman
April 01, 2003

Jury Verdict Research' has just released its report, Current Trends in Personal Injury — 2002 Edition. The research company maintains a nationwide database of verdicts and settlements in personal injury claims. Its recently released report identifies and summarizes current award trends and breaks down the awards by type of case and injury.

The study notes that while median compensatory jury awards in medical malpractice cases rose more than 40% in 2000, such awards remained relatively stagnant from 2001 to 2002: $1 million.

Overall, plaintiffs won claims against doctors and other health care providers 39% of the time, meaning that most of the cases brought were unsuccessful. Not surprisingly, the medical malpractice plaintiffs who won most often were those with claims of malpractice-related birth injuries. They won 53% of their cases. Plaintiffs suing for surgical negligence were successful 44% of the time and plaintiffs claiming diagnostic negligence won 38% of the time.

Compared with other areas of personal injury liability, such as premises liability and liability related to vehicular accidents, medical malpractice plaintiffs were less likely to win their cases. For example, plaintiffs whose cases involved injury from auto and other vehicular accidents were successful 68% of the time. Median plaintiff awards based on data compiled by the study for cases concluded between 1995 and 2001 were:

  • Brain damage: $4.5 million
  • Cancer: $1.1 million
  • Eye injuries: $585,805
  • Genital injuries: $274,960
  • Leg injuries: $646,000
  • Paralysis: $3.5 million

Copies of the study are available for purchase at the company's Web site at www.juryverdictresearch.com or by telephone at 1-800-341-7874.


Janice G. Inman, Esq.,

Jury Verdict Research' has just released its report, Current Trends in Personal Injury — 2002 Edition. The research company maintains a nationwide database of verdicts and settlements in personal injury claims. Its recently released report identifies and summarizes current award trends and breaks down the awards by type of case and injury.

The study notes that while median compensatory jury awards in medical malpractice cases rose more than 40% in 2000, such awards remained relatively stagnant from 2001 to 2002: $1 million.

Overall, plaintiffs won claims against doctors and other health care providers 39% of the time, meaning that most of the cases brought were unsuccessful. Not surprisingly, the medical malpractice plaintiffs who won most often were those with claims of malpractice-related birth injuries. They won 53% of their cases. Plaintiffs suing for surgical negligence were successful 44% of the time and plaintiffs claiming diagnostic negligence won 38% of the time.

Compared with other areas of personal injury liability, such as premises liability and liability related to vehicular accidents, medical malpractice plaintiffs were less likely to win their cases. For example, plaintiffs whose cases involved injury from auto and other vehicular accidents were successful 68% of the time. Median plaintiff awards based on data compiled by the study for cases concluded between 1995 and 2001 were:

  • Brain damage: $4.5 million
  • Cancer: $1.1 million
  • Eye injuries: $585,805
  • Genital injuries: $274,960
  • Leg injuries: $646,000
  • Paralysis: $3.5 million

Copies of the study are available for purchase at the company's Web site at www.juryverdictresearch.com or by telephone at 1-800-341-7874.


Janice G. Inman, Esq., New York

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