There are many reasons, some of them legitimate. First, medical science is not an exact science. For example, suppose someone comes into an emergency room clutching his abdomen and says "it hurts, it hurts, it hurts". Well, there could be a hundred reasons and the doctor only has so much he can go on. So, he has to make a judgment call. If it turns out to be the wrong call, he can't be faulted if he followed all of the accepted procedures. So whose to say if he followed the correct procedures? Another doctor. And to hire another doctor to determine whether the first one followed accepted procedures is very expensive, five to ten grand just for starters. Next, doctors own the insurance companies. For real. It was around 30 years ago that doctors decided they were paying so much on premiums that they could use that money to create their own insurance company, so they did. One of the features of that insurance is that the company cannot settle without the permission of the insured. So they fight every case. Now, a car insurance company or a property insurance company will usually settle a case, depending on the liability issues etc. but its just a business decision for them. Medical insurance will pay their lawyers and experts $50,000 to defend a $10,000 case. Why? Because that way, all of the malpractice attorneys know that unless they have a case that will justify the huge time and expense costs, they won't even start a claim. Remember, I said that expert witnesses will cost 5-10 G for starters. Well, that number goes way, way up when cases go to trial. You may need several experts. Plus, if someone is injured that badly that they have a permanent disability and won't be able to work or have the same job as before, then you may need a vocational rehabilitation expert and an economist. More experts, more money. I have had several potential med-mal clients come to me and it seemed to me there were clear cases of malpractice, but if I took the case and won, the verdict would probably be around $25,000 which of course meant that I could not go forward. Add to that, since the medical insurance companies focus on med-mal claims, they have lawyers and their own expert doctors at the ready who handle defense of medical malpractice on a regular basis (sometimes, that's all they do) and so they have serious expertise at defending these claims. As if all that weren't enough, sometimes a jury won't accept there was malpractice no matter how strong the proof. So, unless there is obvious malpractice and severe injury, no lawyer will touch it. The upshot is, a doctor can be as careless as he likes, as long as the injuries he inflicts would not take more than $100,000 to compensate.
Answered on Jun 17th, 2013 at 8:03 PM