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Brigham Young University Prelaw Review

Keywords

Medical Malpractice, Negligence, Low-Income, Medical Expert Witness, Standard of Care, Doctors, Healthcare

Abstract

Every year in the United States, around 85,000 medical malpractice lawsuits are filed. These lawsuits are overwhelming and exhausting for the plaintiffs, while doctors report feelings of anxiety, denial, and panic. Due to the complexity of medical malpractice lawsuits and state legislators making it difficult for victims of medical negligence to sue, some attorneys require up-front payment to retain a medical expert witness. This typically costs over $500 per hour but depends on the specialty. For low-income individuals, these payments are simply unrealistic. However, if the government were to pay for the obtaining and retention of a medical expert witness for low-income individuals, not only would low-income plaintiffs have a higher probability of receiving compensation due to negligence, but doctors could better focus on the patient-physician relationship. This article outlines a detailed plan on how this could be accomplished using legal precedent.

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