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**ptolerezort** · 08-22-2009, 10:42 AM

... I find tort reform to be nothing but a red herring.

Some jurisdictions require a malpractice complaint to be accompanied by an affidavit from a doctor stating that the claim has merit (I think Colorado is one, but don't hold me to that). Here in Alabama, the plaintiff has to find an expert, who has to share the same qualifications (especially board certifications) as the defendant doctor, and who will say that (a) the doctor's performance fell below the appropriate standard of care, and (b) that deviation from the standard probably, as opposed to possibly, caused the plaintiff's injuries.

Solomwi -- In addition to what you say above, I would add that juries LOVE doctors.

Most of the defense verdicts I saw were in medical malpractices cases.

It's interesting that Alabama feels the need for the law you described. As a pratical matter, if a plaintiff's attorney does not have a qualified expert who'll testify that there was a deviation which fell below the standard of care, and that deviation probably caused the injury, the plaintiff has no chance of winning. Even with those things, it's doubtful.

08-22-2009, 10:42 AM	#14
ptolerezort Join Date Oct 2005 Posts 432 Senior Member	... I find tort reform to be nothing but a red herring. Some jurisdictions require a malpractice complaint to be accompanied by an affidavit from a doctor stating that the claim has merit (I think Colorado is one, but don't hold me to that). Here in Alabama, the plaintiff has to find an expert, who has to share the same qualifications (especially board certifications) as the defendant doctor, and who will say that (a) the doctor's performance fell below the appropriate standard of care, and (b) that deviation from the standard probably, as opposed to possibly, caused the plaintiff's injuries. Solomwi -- In addition to what you say above, I would add that juries LOVE doctors. Most of the defense verdicts I saw were in medical malpractices cases. It's interesting that Alabama feels the need for the law you described. As a pratical matter, if a plaintiff's attorney does not have a qualified expert who'll testify that there was a deviation which fell below the standard of care, and that deviation probably caused the injury, the plaintiff has no chance of winning. Even with those things, it's doubtful.
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