Declining Public Trust in Healthcare Challenges Medical Malpractice Defense

This in-depth analysis by Jennifer Hardester explores the critical role that public trust—or the lack of it—plays in healthcare litigation and insurance claims. As trust in medical institutions and providers continues to fall, the implications ripple across the claims adjustment process, influencing how jurors interpret evidence, assess credibility, and ultimately, how they decide verdicts and settlements.

Hardester references data from Gallup, Merriam-Webster, and the Wall Street Journal, alongside findings from the Trust in Justice Project, to show how healthcare’s perceived shortcomings—inefficiency, poor communication, lack of transparency—are undermining the public’s confidence. That erosion extends into the courtroom, where jurors bring personal healthcare experiences and biases that shape how they view clinical testimony and defenses.

For claims adjusters, especially those handling professional liability, the article offers critical reminders: early identification of high-risk cases, theme testing, supporting clinical staff through the litigation process, and ensuring consistent, honest communication can make a measurable difference. Moreover, adjusting professionals must recognize how broader societal distrust in systems—including justice and healthcare—can alter the dynamics of claims outcomes, even when clinical care meets standards.

The article ultimately argues for proactive education, empathetic communication, and system-level transparency to rebuild trust—factors that directly influence litigation exposure, reserving strategies, and resolution approaches for adjusters in healthcare-related claims.