HORSHAM,
Pa. - Jury awards for medical-malpractice claims rose fractionally,
while awards for all personal-injury liabilities fell significantly,
according to Jury Verdict Research's report, Current
Award Trends in Personal Injury - 43rd Edition.
After steadily climbing more than 100%
from 1996 to 2000, the compensatory jury-award median for
medical-malpractice cases has leveled off the last three
years studied. The percentage of $1 million or more medical-malpractice
verdicts remained the same from 1999 through 2002 at 52%.
While the medical-malpractice
plaintiff recovery rate (ratio of plaintiff verdicts to
total verdicts) was up two percentage points in 2002, defendants
still won the majority of those cases.
Plaintiff
Recovery Probability
(ratio of plaintiff verdicts to total verdicts) |
| Year
|
Medical
Malpractice (Overall)
|
Diagnosis
Negligence
|
Surgical
Negligence
|
Childbirth
Negligence |
|
2002
2001
2000
1999
1998
1997
1996
|
42%
40%
37%
35%
33%
35%
29%
|
43%
43%
37%
33%
33%
33%
27% |
41%
40%
45%
32%
30%
39%
30% |
60%
55%
34%
45%
43%
35%
34% |
"From
the jury-award median to the plaintiff recovery rate to
the percentage of million-dollar awards, our med-mal statistics
have remained relatively flat the last few years,"
said Jennifer Shannon, Jury Verdict Research® managing
editor. "It's safe to say the trend is no trend, according
to our latest figures."
On the other hand, the overall
compensatory jury-award median for personal-injury cases
fell 30% in 2002.
The 48-page study of personal-injury jury awards also reported
that the compensatory jury-award median for premises-liability
cases was up less than 1% to $150,000, while the plaintiff
recovery rate declined four points to 49% in 2002. The products-liability
jury-award median dropped 7% to $1.8 million, but the plaintiff
success rate jumped five points to 61%.
Since 1965, Current Award Trends
in Personal Injury has analyzed jury-award and settlement
trends for selected injuries and liabilities. Based on more
than 213,000 nationwide personal-injury plaintiff and defense
verdicts and settlements, the 43rd Edition also includes:
- jury-award averages and probability
ranges;
- the median number of months from
incident to trial date;
- jury-award trends for frequently
claimed injuries including back strains, head injuries
and wrongful death;
- the median final offer and demand;
- state-specific jury-award data.
Copies of Current Award Trends in
Personal Injury - 43rd Edition are available from Jury
Verdict Research® for $39.95 plus $5.50 shipping and
handling. To order or for more information, call 1-800-341-7874;
visit www.juryverdictresearch.com; or e-mail custserve@lrp.com
Jury Verdict Research® maintains
the only nationwide database of more than 213,000 plaintiff
and defense verdicts, and settlements resulting from personal-injury
claims. The data are reported, tabulated and analyzed to
determine values, trends and deviations for 400 injuries
and 300 liabilities.
###
MEDIA ONLY: For a free
media-review copy of Current Award Trends in Personal
Injury - 43rd Edition, call Gary Bagin at 215-784-0941,
ext. 6370, or e-mail garyb@lrp.com. garyb@lrp.com.
