Relation between negligent adverse events and the outcomes of medical-malpractice litigation

The severity of disability rather than proof of negligence appears to predict whether a plaintiff will be awarded damages in a medical malpractice suit. This was demonstrated by researchers who followed 51 malpractice cases for a 10-year period. Of 24 cases that involved no adverse events, 10 were decided in favor of the plaintiff. Thirteen cases involved an adverse event but no negligence and 6 were decided in favor of the plaintiff. Five of 9 cases involving an adverse event due to negligence were decided in favor of the plaintiff. However, 7 out of 8 cases involving disability were decided in favor of the plaintiff.