{"id":"e3bf5276-e62c-4b93-bfea-fdac9f6dc220","slug":"liberty-and-injustice-for-all","title":"Liberty and injustice for all","authors":["Patrick J. Kelly"],"abstract":"Background: The tort legal system is intended to provide justice; however, it often prioritizes financial gain over fairness. A significant portion of malpractice settlements does not reach the injured parties, with only about 19% going to them after attorney fees and expenses are deducted. Methods: This article discusses the dynamics of the malpractice legal system, focusing on the roles of plaintiff and defense attorneys, the influence of expert witnesses, and the impact of the medico-legal economy on malpractice litigation. Results: The article highlights that the current malpractice system is heavily skewed in favor of financial interests, with attorneys representing insurance companies rather than the physicians they are supposed to defend. It also notes the prevalence of expert witnesses who may provide biased testimonies for financial gain. Conclusion: The author calls for significant tort reform, expressing skepticism about the likelihood of change due to the political landscape and the lack of physician representation in the electorate. The article emphasizes the need for a reevaluation of the expert witness system and the potential consequences of the current malpractice environment. Keywords: malpractice, tort reform, expert witnesses, neurosurgery, legal system, medical-legal economy, attorneys, settlements","thumbnailUrl":null,"publishDate":"2010-06-30T00:00:00.000Z","doi":"10.4103/2152-7806.64964","categories":["Original Article"],"fullTextUrl":"https://surgicalneurologyint.com/wp-content/uploads/2015/05/3201/SNI-1-21.pdf"}