PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us, via telephone or through video conferencing. Please call our office to discuss your options.
Smith & Gaynor, LLC
For excellent legal representation


Amidst all of the recent debate on health care, there has been a vast amount of misinformation circulating about medical negligence and medical malpractice suits. Below you will find some of the most prevalent myths debunked. 

Myth #1: Medical malpractice lawsuits are driving up health care costs for all of us.

  • A recent Dartmouth medical study found that over the years, medical malpractice payments have grown at a rate nearly identical to health care costs overall. Of every $1,000 spent on physician and clinical services in 1991, malpractice payments accounted for only about $10. In 2002, after adjusting for inflation, malpractice payments accounted for about $11 out of every $1000.

Myth #2: There are too many "frivolous" medical malpractice lawsuits.

  • According to a study of over 1,400 medical negligence claims, Harvard's School of Public Health found that 97 percent of medical malpractice claims have merit. Additionally, of those 1,400 claims, 80 percent involved death or serious injury. The study concluded that all the doom-and-gloom depictions of a malpractice system that is overrun with frivolous litigation are exaggerated.

Myth #3: Medical malpractice litigation is forcing doctors to stop practicing.

  • In the United States, the number of practicing physicians has been growing steadily for decades. In 2007, the most recent year for which data is available, there were 941,304 physicians in the United States, nearly 20,000 more than the year before.

Myth #4: Medical malpractice suits targeting hospitals do not target the truly dangerous doctors.

  • According to the Institute of Medicine, 98,000 people die in hospitals each yearbecause of preventable medical errors, including leaving foreign objects in the body during surgery, anesthesiology mistakes, improper or delayed diagnoses, incorrectly interpreted tests, and failure to follow procedures and understaffing. It's important to hold both the hospital and negligent doctors accountable.

If you have other questions about medical malpractice, or if you or a family member suffered harm because of medical negligence, contact an experienced medical malpractice attorney today to help understand your rights.

No Comments

Leave a comment
Comment Information
Email Us for A Response

Have A Question

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Smith & Gaynor, LLC
60 Washington Street, Suite 302
Morristown, NJ 07960

Phone: 973-532-2661
Fax: 973-292-9168
Morristown Law Office Map