The argument that early settlements in medical malpractice cases – even before a lawsuit is filed – would make more economic sense for malpractice insurance companies. Obviously, I like the idea but I wonder whether this study factored in the “deterrent effect.” One reason why every medical malpractice case is a war is to send a clear message to medical malpractice lawyers: every malpractice case you file is going to be a war that is going to cost you money. An annoying practice to be sure but is it a good business model? I have no idea.
Eric Turkewitz on trying to solve the ambulance chaser problem in New York. I don’t think we have a lot of this in Maryland but we certainly do in the District of Columbia.