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Significant Decrease in California’s Medical Malpractice Filings

responsabilita-malpractice_2493601857-700x466The State of California started tracking the number of civil medical malpractice cases filed each year in 2000. As a result of this carefully compiled data, the Administrative Office of California Courts (AOPC) knows that last year was the first time in 14 years when the legal system actually experienced a decrease in medical malpractice cases.

According to AOPC there were only 1,463 medical malpractice cases filed in 2014. This represents a decrease of 46.5% from the years that the information was first tracked.

Taking a minute to myselfTraditional, the judicial district that had the highest number of medical malpractice cases to sort through was California. While the city continues to have more than its fair share of cases, the court system reports that they have noticed a significant, 68.3%, decrease in the number of medical malpractice cases. In 2003 alone, California had 1,365 medical malpractice cases on the docket. In 2013 they only had 382.

Officials believe two things contributed to the decrease in medical malpractice cases.

  • Before personal injury lawyer can pursue a case, they now have to receive a “certificate of merit” from a medical professional. The certificate of merit indicates that something about the treatment the plaintiff received didn’t follow acceptable medical standards.
  • Medical malpractice cases can now only be filed in the county where the medical treatment happened, making it impossible for plaintiffs to venue shop and look for the court system that would be most likely to award a positive jury verdict to the plaintiff.

Prior to the law stating that plaintiffs were no longer allowed to venue shop, a surprising number of medical malpractice cases were filed in California because personal injury lawyer felt that the juries tended to be more sympathetic in California than they were in other parts of the state. Now Montgomery County seems to be the source of many medical malpractice civil suits. The county reports that in 2003 they handled a mere 14 medical malpractice cases, whereas in recent years the court has had up to 100 in a given year. In 2014, the county reported 89 medical malpractice cases. Bucks County, Chester County, and Delaware County stated that the changes medical malpractice rule changes didn’t impact the number of cases filed each month.

One thing that has increased is the number of medical malpractice cases that make it to trial each year. During 2013 there were only 110 medical malpractice jury verdicts. In 2014, that number increased to 127.

Plaintiffs won just a handful of the jury trials in 2014. Three of the plaintiffs received an award of that was equal to or less than $5000,000. Three received an award that was between $1 million and $5 million. Only two of the jury verdicts resulted in the plaintiff receiving an awarded that when more than $5 million.

images“To me, the decrease in the number of medical malpractice cases being filed in and around California is a good thing,” stated California Medical Malpractice Attorney Drew Warren when he heard about the data. “Not only does this make it possible for the judges to focus on other types of trials, but it also indicates that the medical community is being more careful and providing their patients with high quality care.”

 

 

Fiery Crash Results in Death of Charleston Man

A 64-year-old Charleston man is dead following a tragic car accident. He was stopped, waiting for a red light to change to green when he was rear ended by a drunk driver. The investigation revealed that the driver was exceeding 100 miles per hour at the time of the collision. According to witnesses, the victim’s Ford Mustang exploded into flames before the driver had a chance to escape, resulting in his death. His grieving family has decided to go forward with a wrongful death lawsuit.
According to authorities, the drunk driver at fault is John Andrew Biggs. The wrongful death suit is just one of the legal problems he currently faces. He has also been charged with a felony count of driving under the influence. If he’s found guilty, Biggs could spend the next 25 years of his life in prison.
The drunk driving accident was severe enough to put the former Kentucky resident in the hospital for treatment, after which he was transferred to the Charleston County jail for his bond hearing. Bail was denied.
Police questioned Biggs after the accident. He told them he’d had a few beers prior to getting behind the wheel. In his official police report, the officer wrote, “I continued talking to the driver and he was making no sense. I inquired as to where he was drinking and he stated something about ‘over in the kitchen.’ I asked what time was his last drink, and he stated 0530 a.m., however, it was not yet 0530 a.m.”
Biggs isn’t the only person being sued by the mourning family, they’ve also included the name of the owner of the truck Biggs was driving at the time of the accident. The family feels that the owner, Kyle Basset, must have known that Biggs was drinking when he allowed him to borrow the truck. Bassett has denied this claim, stating he was asleep when Biggs borrowed the truck. He also claims that during his five year friendship with Biggs, he never noticed the man drinking to excess.
The size of the settlement the family has requested has not been released, but court documents indicate that they have requested a jury trial. Unfortunately, this is not an isolated case. According to the National Institute of Alcohol Abuse and Alcoholism, drunk drivers were responsible for 10,076 deaths in 2013.
If someone you love was killed during a drunk driving accident, you are entitled to file a lawsuit. If you win the lawsuit, you’re entitled to receive a settlement that allows you to cover any outstanding bills that still need to be paid, including your legal bills, as well as get compensated for your pain and suffering.
If you want to press charges against a drunk driver for the wrongful death of a loved one, you’ll need the help of a car accident attorney in NYC. It’s the job of the car accident attorney in NYC to handle the investigative work involved in preparing a case against a drunk driver and to also make sure the paperwork is filed properly, and to prep you and your witnesses for the trial. Your car accident attorney in NYC handles all the details surrounding the case so you can focus on healing the emotional rift the accident has created in your life.