If a doctor has 10 lawsuits against him, and I bring a lawsuit for my injuries, does that mean that I will automatically win?
A: The short answer is "no."
Here's a great example:
if you have received speeding tickets five different times and now you get pulled over for running a red light, and the policeman sees that you had prior speeding tickets, does the fact that you had prior speeding violations mean that you went through the light on this one occasion? The answer is obviously "no." The same applies to the question above.
From an attorney's standpoint, if the physician has been sued multiple times, it leads one to suspect that either the physician is in a high-risk specialty where complications are frequently encountered, or the physician may be "educationally-challenged" and might not be the best provider of medical care.
The physician will argue that simply because someone brings a lawsuit does not automatically mean that the case has merit. This statement is correct. As an attorney representing an injured victim, I have the obligation and burden to prove to a jury that we are more likely right than wrong, and that I am able to support our claim with expert medical testimony.
Doctors will always mount a vigorous defense and come into court with their own experts to dispute the claims of the injured victim. These cases are almost never settled prior to trial.
Further, at trial, we are prohibited from mentioning the fact that the doctor has been sued many other times, as it would clearly prejudice the jury into automatically believing that the doctor is liable in this case based upon prior accusations and claims against him by other patients. Although this may in fact be true, the law does not allow us to bring up this fact for fear of unduly prejudicing the jury when deciding the facts in your particular case.
Blog 
General
FAQs
General
- If I bring a lawsuit against my doctor in New York, will he lose his license?
- What is "OPMC" and why do you need to know about it?
- If a doctor is not board-certified are they allowed to practice medicine in New York?
- What is "medical malpractice?"
- If a doctor has 10 lawsuits against him, and I bring a lawsuit for my injuries, does that mean that I will automatically win?