COVID and Medical Malpractice—Is Change Coming?

Since the impact of COVID, clinics and hospitals are besieged by new patients they can scarcely accommodate. Beds are full, basic supplies like PPE have run short, and even the best minds in medicine cannot agree on how to stop the spread of the virus. The only thing worse than being sick or injured may be to have that illness or injury exacerbated by an error by a medical professional.

The Post offers a warning about potential changes to the way medical malpractice is adjudicated. Medical malpractice claims are increasingly funded by third-party litigation funders. Funders and plaintiffs can enter an agreement for non-recourse funding for legal and other expenses relating to a malpractice claim. If the case is successful, the funder gets an agreed-upon percentage of the award.

Outside of the US, some countries are making big changes in how medical malpractice cases are addressed. In Denmark, it is free to file a medical malpractice claim. The medical caregivers are not being personally sued, leading to a speedier and less adversarial system where everyone is more inclined to participate and share information. Perhaps most importantly, The Danes focus on two things: If the treatment itself was lacking, and if a “severe or rare medical event occurred.” The claim is then evaluated by medical reviewers and the information therein is made publicly available.

COVID is already spurring calls for fairness when it comes to access to the internet for the impoverished. Could we see similar calls emerge for those in need of malpractice lawsuits? Any emerging trend is worth keeping an eye on, since any mimicking of policies in Demark would likely to reduce opportunities for litigation funders.

Since the impact of COVID, clinics and hospitals are besieged by new patients they can scarcely accommodate. Beds are full, basic supplies like PPE have run short, and even the best minds in medicine cannot agree on how to stop the spread of the virus. The only thing worse than being sick or injured may be to have that illness or injury exacerbated by an error by a medical professional.

The Post offers a warning about potential changes to the way medical malpractice is adjudicated. Medical malpractice claims are increasingly funded by third-party litigation funders. Funders and plaintiffs can enter an agreement for non-recourse funding for legal and other expenses relating to a malpractice claim. If the case is successful, the funder gets an agreed-upon percentage of the award.

Outside of the US, some countries are making big changes in how medical malpractice cases are addressed. In Denmark, it is free to file a medical malpractice claim. The medical caregivers are not being personally sued, leading to a speedier and less adversarial system where everyone is more inclined to participate and share information. Perhaps most importantly, The Danes focus on two things: If the treatment itself was lacking, and if a “severe or rare medical event occurred.” The claim is then evaluated by medical reviewers and the information therein is made publicly available.

COVID is already spurring calls for fairness when it comes to access to the internet for the impoverished. Could we see similar calls emerge for those in need of malpractice lawsuits? Any emerging trend is worth keeping an eye on, since any mimicking of policies in Demark would likely to reduce opportunities for litigation funders.