Medical Malpractice

Medical malpractice litigation involves suits against doctors, hospitals, nurses, technicians, and other health care professionals for injuries caused by their negligence. To prevail in a medical malpractice lawsuit, a plaintiff must prove that the defendant had a duty to the patient, that the health care provider breached that duty, and that the breach of duty resulted in damages to the plaintiff.

As a general rule, medical malpractice lawsuits require expert testimony. The litigation is very complex, as are the medical issues involved. These types of lawsuits usually represent an expensive, difficult, and uphill battle. Defendants are well-insured for most of these claims, and the carriers spend approximately 5 times to defend lawsuits compared to what they pay to settle medical malpractice suits against their insureds. The defense lawyers are generally very good and very well-financed, as are the defense expert witnesses. As a result, statistically defendants are able to prevail at trial in medical malpractice lawsuits about 85% of the time. Accordingly, it is clear that significant experience in handling complex medical malpractice litigation can be essential to increasing the odds of a deserving plaintiff prevailing at trial.

From 1986 through the first part of 2001, Mr. Riley’s practice was principally involved in defending doctors, hospitals, and nurses in medical malpractice lawsuits. He successfully handled hundreds of lawsuits, taking several dozens of cases to jury verdicts and handling a number of appeals. Mr. Riley has lectured extensively to lawyers and doctors on medical malpractice litigation over the years. Mr. Riley has worked with dozens of health care professionals as expert witnesses over the past 15 years.