Medical malpractice claims have always been contentious – but recent years have seen a dramatic rise in so-called “nuclear” verdicts when those cases go to trial.
Medical providers and their insurers are taking note, and they’re trying to better understand what’s behind them, as well as what it might mean for future claims.
What are nuclear verdicts?
Nuclear verdicts refer to jury awards in medical malpractice claims that exceed $10 million. Between 2010 and 2019, the number of nuclear verdicts has increased a whopping 27.5% – and many of them are unexpected.
Broadly speaking, these verdicts go beyond what’s normally considered reasonable, and they frequently include punitive damages that are intended to punish the defendant and deter similar behavior from others.
Several factors are believed to contribute to the trend:
- Jurors are angry: The events of the last few years have changed the way that people see health care organizations. They see hospitals and medical offices as nameless, faceless corporations that prioritize profits over people. Consequently, when patients get hurt, there’s a growing sense that the institutions in control of the health care industry should pay up.
- Patients are more educated: Patients are more conscious these days of the standards of care that they have a right to expect when they’re in specific medical settings. That’s caused them to be more vocal about their experiences and increased the push for compensation when mistakes are made.
How can this trend affect future medical malpractice claims? The industry may try to push for legislation that will limit awards or make it harder for victims to pursue claims – but that will take time. With the threat of nuclear verdicts, there may be a wider tendency for defendants to come to the negotiation table with less hubris and a greater willingness to negotiate fair settlements.
If you suspect that you or your loved one experienced a medical mistake, legal guidance can help you better understand your options.
