The Pop Tort underscores why a loser pay system is going to weed out a lot more than just frivolous malpractice lawsuits:
The underlying presumption is without basis and grossly unfair (i.e., because a patient loses in court, the case was somehow “frivolous.”) As the Harvard School of Public Health found in 2006, such losses merely “underscore how difficult it may be for plaintiffs and their attorneys to discern what has happened before the initiation of a claim and the acquisition of knowledge that comes from the investigations, consultation with experts, and sharing of information that litigation triggers.”
Medical malpractice lawyers in Maryland appreciate this commentary because anyone how has handled medical malpractice or any other complex tort claim knows that the relative merits of a lawsuit can rise and fall over the course of litigation. The lawsuit process assists in flushing out the merits of any case. Lawsuits – for better or worse for plaintiffs – are a path to the truth. Which is pretty much the idea in the first place.