In theory, the right to sue should ensure that injured patients receive compensation, and the adversarial justice system should ensure that only patients who are harmed by negligence receive compensation. However, the evidence suggests that the reality is far different. According to the Harvard Medical Practice Study, the vast majority of all instances of malpractice never lead to a lawsuit; of the suits that are filed, a significant number do not involve malpractice; and juries do not always make the right decisions.
For complete study: bg163.pdf