Personal Injury Law

Malpractice Lawsuits of the Rich and Famous

Medical malpractice lawyers are just looking for a deep pocket to sue. Every time something bad happens to anyone, a lawsuit is filed. It is always only about the money.

Largely, these generalizations are just plain false. Usually, in a malpractice case, the doctor has insurance so the pockets are deep enough. Here in Maryland where we have caps on non-economic damages in medical malpractice cases, the pockets are almost always deep enough. Study after study has shown that only a very small percentage of malpractice that results in a wrongful death leads to a lawsuit or settlement. (I think I saw a study that said 4% but don?t hold me to that. Both sides of the tort reform issue argue that true victims don?t receive adequate compensation.) And, while there is no question that medical malpractice lawsuits are about money, cynics would be amazed at how often the desire to appropriately assign liability is more important to the client than how much money they recover from the lawsuit.

Yet, a significant percentage of people in the country would agree with the first paragraph of this post instead of the second. I really believe that a big reason for this is the inferences people draw from what happens when something happens to someone famous.

Why is it that every time something happens to a celebrity there is a lawyer ready and willing to file a lawsuit no matter how ridiculous the circumstances are? I know exactly why. Lawyers enjoy the status and notoriety they get when they represent a celebrity.

How do I know this? I?ve fallen prey to it myself. Ten years ago, when I was just starting a plaintiffs? personal injury practice after being a defense lawyer, I filed a medical malpractice lawsuit against the New England Patriots. The claim against the Patriots settled and I believe it was a meritorious claim. Did I enjoy it when ESPN and CNN picked up the story? I can tell you I?m far past that point in my life now, but then? Yeah, I did. After that, I handled other high profile media cases that brought attention to myself that, I have to admit, I would never have gotten involved in if I was not (1) flattered to have been asked and (2) the plaintiff was not famous or the case was not high profile.

Like I said, I?m far past that now. I just want to be the best lawyer I can be and get the best results possible for our clients and I certainly don?t want attention for the mere filing of a lawsuit which is the ultimate Paris Hilton/Kim Kardashian ?get notoriety for doing absolutely nothing? without the consolation prize of at least being very attractive while doing it.

Full post as published by Maryland Injury Lawyer Blog on September 21, 2010 (boomark / email).