Posted On: March 28, 2007, 5:23 pm CDT

Posted By: Tracy Houck

Med mal attys have nothing at risk? Are you high? If you think about it, you will realize that the Plaintiff attys are the only ones who really have anything at risk in taking on a med mal case. The defense attys are paid by the hour--let that clock run! Lawyers don't sell widgets; they sell their time, training and expertise. But who wants to work on a project for two or three years and then at the end get paid zero? It would not make much sense for an atty to file a frivolous case, because one-third of zero is zero. Most med mal attys are very careful about the cases they take on and they make sure they have the evidence to back up the negligence. True, there are the inescapable loonies out there (pro se and otherwise) who will file stupid stuff, and true, only the most ridiculous cases will make the news, so I guess it's easier to blame all med mal victims and their attys for the nonsense of some. But for the vast majority of cases, when David takes on Goliath--there is plenty at risk!