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I can speak from experience here. I am involved in a malpractice suit. I can not discuss the case. Suffice it to say, my husband's health has been permanently damaged. He will live in pain for the rest of his life. He has a choice take narcotics or live with the pain. He hates to take pain pills. It has been nearly four years during which the insurance company played "hardball" with us. Finally, we will get our day in court this month. It will be a "directed verdict" most likely. This means the judge says their is overwhelming evidence of the defendent's guilt. The only question the jury will be involved in is the size of the judgement. We attempted to settle this case four years ago and have tried periodically since then. The insurance company has refused to offer a fair amount. In court, we will ask for five times the amount, we offered in settlement talks. If we win and the jury award us anywhere close to this figure monetarily, this case will be used as an example of the need for malpractice "reform". Yet, we offered to settle years ago for a much lesser amount. Our lawyer told us, Insurance companies have refused to settle lately, the judgements are higher than they would have been in settlement, but the goal is reform. A few million here or there is a small price to pay to reduce the number of malpractice lawsuits permanently. I used to be in favor of reform: not anymore. The cards are stacked against the average citizen. Doctors do make mistakes that can destroy a person's health and ruin their life and their families' lives. We must find a way to discourage "frivolous" lawsuits while protecting the average honest person.

First you say,"In court, we will ask for five times the amount, we offered in settlement talks." You later state, "We must find a way to discourage "frivolous" lawsuits while protecting the average honest person."

I don't know the particulars of your case, and I can only imagine the depth of your frustration, but I have to point out the inconsistency here. What is your basis for asking 5 times the amount that you originally determined your husband's injury to be "worth"? If you originally determined your husband's injury to be worth, say, $200,000, then is it not "frivolous" to ask for $1,000,000 in court?

I am truly sorry to hear of your husband's plight and all you've gone through, but it sounds like the lawyers are milking this one for all it's worth in order to line their pockets. Why isn't your lawyer pushing for a court date to settle this once and for all?