When litigation fails, why do some patients avoid paying your costs?

I am often asked why MDOs sometimes resolve medical negligence claims in favour of their doctors but on the basis that each party pays its own legal costs.


Why don’t they pursue the patient to cover the unwanted and unasked for legal costs involved when the patient’s allegations have been wrong, possibly even unfair?

After all, medical negligence claims are expensive to run. While the state pays for the judges and the courts’ administration, the parties to these civil