Medical Malpractice Insurers Worried about Rules of the Road and Reptile

Medical Malpractice Insurers Worried about Rules of the Road and Reptile

Defense Lawyers note concern that plaintiffs using Rules of the Road will help plaintiffs win at trial

In an article published by the co-editors of Orthopedics Today, medical malpractice defense lawyers and insurers recognize that plaintiff lawyers using Rules of the Road and Reptile will successfully hold doctors accountable for medical negligence.

The article titled "Beware of new trends in professional negligence litigation" notes "An examination of recent trends in professional liability litigation shows a subtle but dramatic shift in favor of plaintiffs." It goes on to note "This movement probably began several years ago, with the publication of the book titled Rules of the Road: A Plaintiff Lawyer's Guide to Proving Liability."

In summarizing the two books, the authors fear "[t]hese trial tactics represent a powerful tool that may have a substantial impact on the nationwide professional malpractice experience, especially in cases where evidence of medical negligence might exist, but jurors may have otherwise sympathized with the physician defendant."

Medical Research Supports that People Injured by Medical Malpractice with Strong Evidence Still Lose at Trial

The article notes:
"Phillip G. Peters Jr., JD, professor of law at the University of Missouri – Columbia, in an article titled 'Twenty Years of Evidence on the Outcomes of Malpractice Claims,' noted, 'The widespread assumption that the civil justice system routinely produces irrational or unfair outcomes is not supported by the evidence … To the extent that litigation outcomes and peer-assessments diverge, litigation outcomes are more likely to favor physicians than patients.” He also noted that physicians win 50% of the trials in cases with strong evidence of medical negligence."

[The overall loss rate for plaintiffs in medical negligence trials is over 90% nationwide due to juror sympathy for medical doctors.]  
The article continues;
"If Peters’ well-researched article is correct, it is likely that the books Rules of the Road and Reptile will have their greatest impact on those cases that currently result in defense verdicts, even though the evidence of medical negligence is strong. Where juries may have previously given the defendant physician the benefit of the doubt, trial tactics may appeal to their primitive instincts to avoid danger, and thereby benefit their community, even if it means a large payout of money to the aggrieved plaintiff."

In its final analysis the authors state "[this] provides only a snapshot into a subtle shift in trial tactics that may be a harbinger of an increased incidence of jury verdicts favoring plaintiffs."

The medical profession recognizes that if you use Rules of the Road and Reptile, they are more susceptible to losing cases where negligence has occurred. Relying upon jury sympathy for the doctor will no longer be enough.

Please note: In addition to Rules of the Road, Trial Guides has also published a book specifically on the use of the Rules of the Road (TM) method to win liability and prove a violation of the standard of care in medical negligence cases titled Winning Medical Malpractice Cases using the Rules of the Road Technique.