Shevlin Smith Blog

How Can A Medical Malpractice Case Be Called Frivolous When Expert Medical Testimony Is Required Before A Lawsuit Can Even Be Filed?

If you have read our previous blogs, you have noticed that we take great issue with the tort reformers' claim that our legal system is plagued with frivilous medical malpractice lawsuits.   We have previously cited on our website numerous studies that debunk this claim.

Now, there is additional support for our position.  This time it comes from an article written by physicians in the December 2007 issue of the medical journal, Plastic & Reconstructive Sugery. 

In an article captioned, "Expert Witness Reform," the authors correctly note that a lawyer cannot bring a frivolous claim to trial without a physician expert witness stating that the claim is not frivolous.  Thus, as the authors conclude, it is the expert physician, not the attorneys, who define "meritless" and "frivolous" claims.

In Virginia, the protections against frivolous medical malpractice lawsuits are even greater.   Under Virginia law, a lawyer cannot even file a medical malpractice lawsuit without a physician expert witness certifying that the case is not frivolous.