What percentage of medical malpractice lawsuits are won by doctors in New York?

 

A: Most medical malpractice cases that are brought in the New York state court system are resolved immediately before or at trial. Of those cases that are not settled, doctors and hospitals typically win two-thirds of those lawsuits. The most common reasoning behind why there is such a high win rate for doctors and hospitals, is that juries typically like doctors and are hesitant to award verdicts against them unless the treatment was so egregious and horrific.

In order for a jury to be able to justify awarding an injured victim money, they are only required to find that the plaintiff's claims are more likely right than wrong. They are not required nor obligated to find total proof in behalf of the injured victim in order to support an award for damages. As long as the testimony supports the jury's belief that the plaintiff's (the injured victim) claims are more likely right than wrong, then they have the ability and the legal obligation to make an award in favor of the injured victim. 


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