The Myth of “Frivolous” Medical Malpractice Lawsuits
In the state of Indiana there is no such thing as a frivolous medical malpractice lawsuit. There are two reasons why there is no such thing as a frivolous medical malpractice suit in the state of Indiana: money and time.
Medical malpractice cases are very expensive to pursue. The bulk of the expenses to pursue a medical malpractice case is spent on experts (doctors) to review a case and ultimately testify. Doctors who will testify against other healthcare providers charge for their services. These doctors are demonized within their circle of doctors for testifying against one of their own but they are also paid for their services. A simple malpractice lawsuit with one expert can cost up to $25,000 to take the case to trial. More complex cases involving multiple experts can run into the hundreds of thousands of dollars. These expenses are put up by the attorney pursuing the case more often than not. Without a viable claim to stand on, attorneys are not going to put up their own money to fund a frivolous claim.
Medical malpractice cases also take a substantial amount of time and effort to resolve as well. In Indiana, a medical malpractice case is sure to last at least one year and can take up to 3-4 years in most cases. Because of the statutory hoops that a plaintiff must jump through in order to file a medical malpractice claim, these cases are never resolved quickly. A quick payday is unheard of. A lawyer is unlikely to invest multiple years on a frivolous claim.