Abstract

Why have medical malpractice verdicts in recent years reached such astronomical new heights? In this article the author addresses several of the factors that drive juries to return such punishing awards, discussing the unexpected impact of tort reform, the role of life-care planners and economists in determining damages, the ramifications of litigation financing, plaintiff attorneys’ utilization of the so-called reptile theory, and the influence of how the media reports on these verdicts. The author offers practical methods for defense attorneys involved in this litigation and insights that will benefit attorneys in any type of tort matter.

Author

Sandra M. Cianflone (scianflone@hallboothsmith.com) is an attorney at law firm Hall Booth Smith, P.C., whose practice primarily focuses on medical malpractice.

About
The Journal on Emerging Issues in Litigation is a co-production of HB, Fastcase, and Law Street Media. You can also hear the complementary (and complimentary) Emerging Litigation Podcast wherever podcasts appear. For questions, contact Tom Hagy, Editor in Chief, at Editor@LitigationConferences.com.