We came across a doctor-owned company that is fighting back against frivolous medical malpractice claims. Run by physicians for physicians, Medical Justice® is a membership-based organization that offers proven services and proprietary methods to protect physicians’ most valuable assets – their practice and reputation.
Their proactive services are designed to: (1) Deter frivolous malpractice claims; (2) Address unwarranted demands for refunds; (3) Prevent Internet defamation, and (4) Provide proven, successful counterclaim strategies to hold proponents of frivolous suits accountable.
BACKGROUND
During his career as a practicing neurosurgeon, Medical Justice Founder and Chief Executive Officer Dr. Jeffrey Segal recognized that the tort system in the United States did little to dissuade medical malpractice plaintiffs—even those who knowingly filed frivolous medical malpractice lawsuits. This situation persists. In the experience of many unfortunate physicians, the legal system provides little protection against dishonest claimants and leaves them few practical remedies, whether or not they are proven innocent.
Although Dr. Segal practiced in states that had embraced tort reform—California and Indiana—he was frustrated with the pace of change in other regions. In many parts of the United States, physicians are sued for medical malpractice frequently without cause and pay exorbitant, ever-rising malpractice premiums. Dr. Segal assessed the national medical malpractice landscape and saw the need for a proactive strategy to mitigate frivolous malpractice suits and better protect physicians.
Dr. Segal developed the concept of Medical Justice in 1998, while continuing to practice medicine. The innovation was a unique approach that forms a part of the company’s two-pronged strategy to deter the filing of frivolous medical malpractice lawsuits and to enable viable responses and remedies from wrongful suits against physicians. The company’s first patents were filed in 1999. In 2002, with the signing of its first distribution agreement, Medical Justice commercialized a uniquely proactive professional liability service. By 2003, the U.S. Patent Office had issued several patents covering the company’s protective system.
Today, Medical Justice assists physicians in all states. It creates a practice infrastructure to prevent, deter, and respond to frivolous medical malpractice suits. The company offers prospective and retroactive service plans that enable “points forward” service as well as optional benefits as far back as residency.
Medical Justice supports a broad group of medical specialties and is endorsed by many state, county, and specialty medical societies.
WHAT THEY DO
Deterrence, Early Action, Countersuit Prosecution…
Medical Justice offers proactive services that protect physicians’ reputations and deter proponents of frivolous medical malpractice lawsuits.
Nationwide, physicians are sued for medical malpractice at a rate of 8-10% The company claims that for Medical Justice members who implement the full system, the rate falls BELOW 1%!
HOW THEY DO IT
While Medical Justice is sensitive to the fact there are legitimate claims by patients who have been harmed by negligent care, the fact remains that the majority of medical malpractice cases are ultimately deemed without merit. Medical Justice harnesses the principles of medicine, law, and business to defeat dishonest plaintiffs, unethical medical malpractice attorneys, and unscrupulous expert witnesses, using three key objectives:
* Deter frivolous medical malpractice lawsuits
* Warn proponents of medical malpractice lawsuits with a strategic Early Action Program
* Enable members to take corrective legal action or pursue such action in Medical Justice’s name when requested and appropriate
Medical Justice protects physicians’ reputations and deters proponents of frivolous medical malpractice lawsuits in three primary ways:
1. Medical Justice members are licensed to use Medical Justice’s intellectual property; deterring meritless legal actions, creating a critical practice infrastructure to strengthen the future use of legal remedies should a frivolous suit be pursued.
2. When a claim is made against a member physician, Medical Justice activates an early action strategy. Not infrequently, this facet is enough to persuade the plaintiff to drop a meritless case.
3. If a frivolous case proceeds to court and results in a win for the physician, it is reviewed by other Medical Justice members in the same field of practice to determine whether the medical testimony violated professional ethical standards. If the answer is yes, Medical Justice directly pursues sanctions in extralegal venues. This benefit inures not only to the member in question, but also to all members, by preventing unethical parties from causing future harm to others. Medical Justice will also, if warranted, allocate up to $100,000 to pursue a countersuit directly against the proponent of the lawsuit.
To learn more, please visit their website.