Since 2020 and 2021, when court activity slowed, nuclear verdicts in medical malpractice cases have been in full rebound. A nuclear verdict is when a judge or jury awards a plaintiff at least $10 million in their case against a medical provider.
According to Insurance Insider, between 2022 and 2024 the number of nuclear verdicts has averaged around 53 nationwide. To put this number in perspective, between 2015 and 2017, the country saw under 33 nuclear verdicts nationwide.
The frequency of nuclear verdicts rebounded quickly after 2021. What is more staggering is that the average cost of a nuclear verdict has skyrocketed, more than tripling from $15 million in 2015 to $56 million in 2024. Furthermore, verdicts of over $50 million and even over $100 million are getting more common.
While many other states have passed laws aimed at curbing this trend, New York historically has resisted these sorts of reforms. Instead, many lawmakers focus on improving the system so medical malpractice does not occur.
In any event, Insurance Insider described the overall rise in the cost of both resolving medical malpractice claims and paying for legal expenses as unsustainable for the medical system.
A solid legal defense may be the best tool to prevent nuclear verdicts
While the medical profession in New York may continue to hope for meaningful law changes, for now, the best tool to prevent a nuclear verdict is a solid legal defense.
A plaintiff must persuade a judge or jury to award a nuclear verdict against a doctor. To do so, they may tell a compelling story. In their defense, it is important that doctors meet that challenge with even more persuasive facts and arguments.
Furthermore, a good defense can also use legal arguments to head off any unfair techniques that the plaintiff might use in a trial.
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