Frivolous Malpractice Lawsuits: Why They Are Rare in Maryland

Lindsey Graham (R-South Carolina) and Saxby Chambliss (R-Georgia) today introduced “loser pays” legislation to decrease the number of “frivolous malpractice lawsuits” that increase the cost of medical care. As one doctor wrote last week, it is really hard, given the economics costs for malpractice lawyers to pursue a malpractice lawsuit, to suggest that frivolous malpractice lawsuits are a problem in this country. This is particularly true in states like Maryland where you are required to have a certificate of merit before filing a malpractice lawsuit.