How Malpractice Suits Keep My Profession Honest

By Bernard Sussman

Sunday, April 24, 2005; Page B02

Most medical malpractice litigation is frivolous. That's what defense attorneys, insurance companies and even the U.S. president would have you believe. Some 80 percent of cases are, after all, resolved in favor of the defendant doctor.

But little is made of the advantages that doctors take into a courtroom. Physicians are apt to prevail in these cases because of their professional culture of silence, which can make it difficult for injured patients to secure reliable expert witnesses who will testify on their behalf. Nor is there any acknowledgement of the countless people who are unaware that injuries they have sustained in the hospital should rightly be blamed on medical negligence or error. As a neurosurgeon with some 50 years of clinical experience, I can say from first-hand observation that it's often not the patients' claims that are frivolous, but rather the manner in which those claims are treated.