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Malpractice Defense Attorneys Don't Like Sworn Testimony - From Their Doctor/Clients

May 14, 2007

By Greedy Trial Lawyer

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Category: In Your Face

Critics: Medical review panels aren't working

CHEYENNE, WYOMING - Critics of panels that review medical malpractice cases in Wyoming say the oversight has not lowered the cost of malpractice insurance in the state. The panels have been around since 2005. The goal is to sort out frivolous claims from malpractice claims that have merit. Eric Easton directs the Wyoming Medical Review Panel. He says the panel has an effect on about 25% of medical malpractice cases in Wyoming. That means patients sometimes withdraw claims rather than have them go to court. Susie Pouliot, director of the Wyoming Medical Society, says the program would be more effective if panel reviews were mandatory, rather than optional. Pouliot says the society has not seen lower rates for medical malpractice insurance as a result of panel reviews.

So, who is avoiding the use of the panels? Probably the greedy trial lawyers, you might say. But, you would be wrong.

The rest of the story:

Medical malpractice defense attorneys say they usually tell their clients not to participate in the panel reviews. That's because what doctors say under oath in front of the panel can be used against them in court.

Obviously, the panels would enjoy the blessing of the defense attorneys if their clients could lie their way through the hearings without any fear.

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