Outcomes of Medical Malpractice Litigation Against US Physicians

AbstractMedical malpractice claims are filed nearly ten times more frequently in America than they are in Great Britain. British patients generally adopt a less adversarial stance toward medical malpractice than do American patients. This Article examines the British malpractice system, as compared with the American system, and explores the differences between the two, in terms of costs and fees, liability rules, statutory provisions, and judicial attitudes toward malpractice litigation. The Article also discusses British social and institutional factors, such as the “taint” of litigation and the National Health Service, and evaluates how these factors affect British malpractice litigation. The Article presents the alternative forums available to British patients in seeking satisfaction for their medical service complaints. The Article concludes with an evaluation of how these factors achieve the three societal objectives of malpractice litigation: reparation, emotional vindication and deterrence.

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The Expert Witness in Medical Malpractice Litigation

Legal Aspects of Medicine ◽

10.1007/978-1-4612-4534-6_6 ◽

1989 ◽

pp. 33-38

Author(s):

James R. Vevaina ◽

Leonard L. Finz

Keyword(s):

Medical Malpractice ◽

Expert Witness ◽

Malpractice Litigation

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Medical Malpractice and Rhinology

American Journal of Rhinology ◽

10.2500/ajr.2007.21.3076 ◽

2007 ◽

Vol 21 (5) ◽

pp. 584-590 ◽

Cited By ~ 25

Author(s):

Douglas E. Dawson ◽

Eric M. Kraus

Keyword(s):

Paranasal Sinuses ◽

Medical Malpractice ◽

Claims Data ◽

Neck Surgery ◽

Sinus Surgery ◽

Malpractice Litigation ◽

Malpractice Claims ◽

Medical Malpractice Claims ◽

Nose And Sinuses ◽

Management Report

Background Physicians facing malpractice litigation are in uncharted territory. The language, concepts, rules, and strategies of the legal system are foreign to science-based physicians. Understanding the statistics of rhinology malpractice litigation may aid the physician to cope with the assault of a claim. Methods Information from the 2006 Physician Insurers Association of America (PIAA) and the 2006 PIAA Risk Management Report (RMR)–Otorhinolaryngology were searched for claims data referable to the nose, nasal chamber, and paranasal sinuses. The PIAA data sharing report (DSR) is the largest single resource of malpractice claims data containing both settlement and trial judgment information. Results The nose, nasal cavity, and paranasal sinuses represent nearly two-thirds of the total indemnity paid for improper performance from otolaryngology head and neck surgery (Oto-HNS) medical malpractice claims between 1985 and 2005 based on claims information. Improper performance accounts for 50.3% of total monies paid ($107.6 million of $213.6 million) to resolve Oto-HNS claims in this period. Of nearly 2400 operative claims closed in the period of 1985–2005, 34.1% involved procedures on the nose and sinuses. In the past 6 years, $103.5 million indemnity has been added to the otolaryngology total. Conclusion The area of endoscopic sinus surgery has substantially contributed to Oto-HNS claims in the PIAA DSR. Despite malpractice being a cost of medical practice, every claim is perceived as an assault on the surgeon's competence. Ensuring informed consent and complete documentation may assist the provider in defending their care.

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Could Patient Engagement Promote a Health System Free From Malpractice Litigation Risk?

Health Economics and Healthcare Reform ◽

10.4018/978-1-5225-3168-5.ch024 ◽

2018 ◽

pp. 431-454

Author(s):

Massimo Miglioretti ◽

Francesca Mariani ◽

Luca Vecchio

Keyword(s):

United States ◽

Patient Engagement ◽

Professional Education ◽

Medical Malpractice ◽

Large Scale ◽

Active Role ◽

The United States ◽

Litigation Risk ◽

Malpractice Litigation

In recent decades, medical malpractice litigation experienced a large-scale expansion in the United States as well as in Europe, involving both medical and surgical specialties. Previous studies have investigated the reasons why patients decide to sue doctors for malpractice and highlighted that adverse outcome, negative communication with doctors and seeking compensation are among the major reasons for malpractice litigation. In this chapter, patient engagement is discussed as a possible method for reducing the risks of doctors being sued for medical malpractice. The results of a first qualitative study underline how an active role for patients and their engagement in the treatment definition and execution could be a way to limit the occurrence of malpractice litigations. However, a second study noted that in Italy, many patients are still struggling to become involved in the process of their care. The authors discuss the role of professional education in promoting patient engagement in Italy.

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Fictions and Facts: Medical Malpractice Litigation, Physician Supply, and Health Care Spending in Texas Before and after HB 4

SSRN Electronic Journal ◽

10.2139/ssrn.3309785 ◽

2019 ◽

Author(s):

Charles M. Silver ◽

David A. Hyman ◽

Bernard S. Black

Keyword(s):

Health Care ◽

Medical Malpractice ◽

Health Care Spending ◽

Physician Supply ◽

Malpractice Litigation ◽

Before And After

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The Anti-Patient Psychology of Health Courts: Prescriptions from a Lawyer-Physician

American Journal of Law & Medicine ◽

10.1177/009885881003600104 ◽

2010 ◽

Vol 36 (1) ◽

pp. 188-220 ◽

Cited By ~ 1

Author(s):

Freeman L. Farrow

Keyword(s):

Medical Malpractice ◽

The United States ◽

Specialized Knowledge ◽

Malpractice Litigation ◽

Insurance Premiums ◽

Malpractice Insurance ◽

Malpractice Claims ◽

Practice Of Medicine ◽

Tort System ◽

Medical Malpractice Insurance

Critics of the current medical malpractice tort system claim that adjudication of malpractice claims before generalist judges and lay juries contributes to rising costs of medical malpractice insurance premiums and medical care. They claim that properly deciding issues in this realm requires specialized knowledge of medicine and medical technology that juries, and even judges of general jurisdiction, do not possess. One lobbying group alleges there is a continuing medical malpractice litigation crisis in the United States, evidenced by increasing medical costs, deaths from needless medical errors, departure of physicians from the practice of medicine due to increasing medical malpractice insurance premiums, and random medical justice in medical malpractice cases. Whether there is a direct, causal correlation between the increasing cost of medical malpractice insurance premiums and medical malpractice litigation is debatable.

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