Time and time again, doctors and hospitals claim that medical malpractice lawsuits are frivolous. Some individuals only want to earn money, and zone in on silly mistakes on order to receive just compensation, they say. While this is sometimes the case, a study by the American Association for Justice shows that it is an exception, not a commonality. The association writes that there is an epidemic of medical negligence, not an epidemic of petty lawsuits.

Harvard researchers conducted a study on medical malpractice lawsuits, and found that 97 percent of all closed medical malpractice cases are commendable. 80 percent of these cases were filed because the plaintiff suffered a serious injury or was the family member of a person who died from a medical malpractice mistake. The Harvard study included 1,400 claims, and determined that the claim that medical malpractice lawsuits are "frivolous" is entirely untrue.

In a pie chart, the Harvard research team showed that 39 percent of all medical negligence lawsuits are because of a significant physical injury. 26 percent are due to a preventable death. 17 percent of cases are filed because of a minor physical or emotional injury, or a breach of consent. 15 percent of cases are because of a major physical injury, and the remaining 3 percent of cases are due to a non-adverse injury. Two studies from a patient safety movement show that hundreds of thousands of patients are injured in the medical system every year.

Ironically, out of the mass amount of people injured by a medical staff mistake, very few of them sue. The Institute of Medicine claims that 98,000 people perish annually because from preventable medical errors, and even more people sustain non-fatal injuries. Yet only one out of every eight people involved in a medical malpractice mistake files a lawsuit. The amount of medical negligence filings has dwindled over the years. The National Center for State Courts says that tort cases are only about six percent of the current civil caseload. Medical malpractice filings are only about three percent of the tort subsection. In Examining the Work of State Courts, the NCSC determined that medical negligence filings dropped 8 percent between 1997 and 2006.

Not only do these medical malpractice instances affect the patients and their families, but the health care system. The 98,000 medical malpractice deaths every year result in about $29 billion dollars of excess costs. While injured patients may file for deserved compensation, they can also begin a lawsuit to determine what went wrong in their treatment. Doctors and health care centers tend to hide their errors and explain their mistakes vaguely. This can be infuriating for an injured person demanding answers. Doctors normally think that if they do not provide solid evidence for their mistake it will weaken the victim's lawsuit.

Not only are people not filing for as many medical malpractice lawsuits, but they are also receiving less money as a settlement. The National Association of Insurance Commissioners reports that medical negligence payouts have dropped over 50 percent between 2003 and 2008. With less money available and less people filing these cases, it is obvious that medical malpractice is not a frivolous endeavor. Individuals think rationally and carefully before proceeding with a medical malpractice lawsuit. Many times the prosecutor is not looking for quick cash, but instead working hard to see justice served. The unfairness of a medical malpractice injury should not be overlooked. If you have suffered because of someone's medical negligence, then you should get in contact with a medical malpractice lawyer today. You need to be compensated for your injuries or the pain of losing a loved one to a foolish accident.