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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?

It costs a great deal to try a malpractice suit in court. There are many expenses such as experts, visuals,research expenses, travel and on and on. These expenses would not be necessary if a settlement were reached. Also, our lawyer- who is a really nice guy- has worked many, many hours in order to prepare for trial. He should be paid for his hard work. I swear this case is open and shut, but the insurance company has spent years defending it. I think they are attempting to starve us into submission, but it won't work. I have worked multiple jobs in the past and will do so again. Assuming we win (good case),we can expect several years while they appeal. There will be expenses associated with an appeal. This is another reason why you ask for more money in court. I should add-by the way- that this Doctor has two additonal cases against him since my husband. I hope to obtain a big enough award that he will lose his insurance. This is the only way to get rid of bad doctors. The AMA almost never takes any doctor's license away. I would also like to say this. My husband will spend the rest of his life in pain. His career (a good one) is over. He can not interact with his children or me as before. This is not the result of an illness or an accident. It shouldn't have happened, and if the physician involved had lived up to his responsibilities, it wouldn't have happened. My husband was 36 years old when he was "injured" by this doctor. Our lives will never be the same.