Posted On: March 22, 2008, 1:30 pm CDT

Posted By: Mike End

Lastbat,
"Malpractice" is nothing more than medical negligence. The jury instructions in every state tell the jurors that the issue the jurors must decide is whether the defendant doctor was negligent in the services the doctor provided for the plaintiff patient. Negligence is frequently determined by testimony as to what the standard of care for a doctor in that specialty was at the time in question when treating a patient in the situation of the plaintiff.
As I mentioned in my first comment, jurors are very reluctant to find that a doctor acted negligently. That is why I and so many other lawyers fail in our efforts to recover compensation for our clients. The cases are so difficult that in Wisconsin well less than one percent of the practicing lawyers are willing to take a malpractice case. Injured people are unable to find lawyers willing to represent them, again, because of the huge amount of time that these cases take, the great expense involved, and the low likelihood of success, even with excellent liability cases.