It works like this Matt, if the lawsuit is bogus, the jury finds for the defendant.
Remember the OB/GYN that Bush brought up onto his campaign platform and introduced as a doctor forced out by high premiums, the reason this doctor had to pay high premiums was because one time during the delivery of a baby, he got hungry, and went out and got something to eat, leaving the patient unattended, and leaving the baby to suffer irreparable brain damage. Imagine, the insurance companies raised this guy's premiums.