Medical Negligence Commentary.

The medical negligence blog brings you both sides of tort reform debate, with heated commentary on caps, legislated injury thresholds and the impact of medical negligence claims of global healthcare.

This medical negligence commentary offers medical negligence research, insights from leading medical negligence lawyers and practical policy suggestions to improve the legal and healthcare systems.


Tort reform

For medical negligence lawyers, global tort reform has been based on the premise of a great ‘medical malpractice myth‘ perpetuated by medical bodies and medical malpractice insurers. It’s argued that medical negligence systems around the world now require an injection of fairness.

The major viewpoint from lawyers and many commentators is that there’s an epidemic of medical negligence (not medical negligence claims) and that the real issue is simply the sheer scale of negligence by medical practitioners.

It’s further argued that medical negligence claims are not resulting in less doctors and that ‘no win no fee’ lawyers are not increasing the number of claims being made. Around the world, it’s the belief of medical negligence lawyers that the personal injury sector has been ‘sucker-punched‘ with many lawyers lamenting tort reform.

Medical negligence caps

On both sides of the medical negligence debate, it’s universally acknowledged that caps placed on compensation are reducing the number of claims. This according to medical negligence lawyers is making small medical negligence claims unviable and is punishing the most vulnerable of society.


According to medical negligence lawyers, they act as an important filter to ensure that only genuine claims are undertaken. Meanwhile, a leading medical society is demanding a stop to medical negligence claims, arguing that medical negligence claims are resulting in higher malpractice insurance premiums and the practice of ‘defensive medicine’.

There is also commentary on expert witnesses, the difficulty proving medical negligence, the impact of medical negligence claims on England’s NHS, and the growing trends of medical firms holding no medical malpractice insurance and avoiding liability. This at a time where it is being reported that nursing numbers are resulting in greater incidence of nurse negligence and that clinical malpractice is still not being taken seriously.

Note for medical negligence lawyers

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