Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

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

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
How Secure Is the AI System Your Law Firm Is Using? Image

In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.

COVID-19 and Lease Negotiations: Early Termination Provisions Image

During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.

Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support Image

The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies Image

Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.

Authentic Communications Today Increase Success for Value-Driven Clients Image

As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.