The president of the Maryland Trial Lawyers Association, Wayne M. Willoughby, writes an excellent response in the Baltimore Sun to a Maryland doctor’s editorial arguing that we have a problem with frivolous medical malpractice lawsuits in Maryland.
Take whatever side you want on the medical malpractice tort reform issues, but it is impossible to argue that we have a problem with frivolous malpractice cases in Maryland. The Certificate of Merit requirement coupled with the financial cost of bringing a malpractice case does away with 99% of cases that should not be filed. I’m not saying that every malpractice case in Maryland should be won by the plaintiffs. That is simply not true. But tort reform advocates use “frivolous” frivolously because they know it is a good buzz word. But it is simply not a problem in Maryland.