Justice may be blind, but it’s expensive. That’s particularly true in “med mal” cases. In some cases we have to spend six figures to get the case to a jury. That’s because we have to hire smart experts – doctors – to explain to the jury that the defendant-doctor screwed up, and to prove that the harm he or she caused are no trifling matter. Those smart experts are very expensive.
In many cases the injury is worth less in compensation than the expense of those experts, and the other expenses in the case. If we took on medical malpractice cases with only modest injuries, we would quickly drive our law firm into bankruptcy.