• 23
  • August
    2011

In our previous post, we began discussing a recent study conducted by Harvard researchers, which showed that medical malpractice will befall most physicians during the course of their career. As we mentioned, the incidence and settlement amount of such suits depends on the area of specialty.

According to some doctors, the study is evidence that government regulations should be improved to encourage doctors to speak openly with patients, apologize for mistakes, and compensate where appropriate. One attempt to move in this direction is Massachusetts group Health Care for All, which has attempted in the last four years to get a law passed which would make physician admissions of error and apologies inadmissible in court.

Such a law, according to sources, would allow patients to present medical evidence in court, but would aim to make doctors feel more comfortable with attempting to resolve errors early on. Studies have shown that patients are less likely to sue their doctors when they receive an explanation and apology. Sources said that support for such a measure has gained widespread support.

Medical malpractice claims can be stressful for doctors. Some doctors feel they lead to the practice of defensive medicine, which drives up costs, as well as early retirement. Although medical malpractice litigation is often burdensome and inefficient, it does play an important part in bringing light to physician errors and compensating injured patients.

It is important to remember that medical malpractice claims must involve situations where the provider failed to follow the accepted standard of care, which led to serious, permanent harm for the patient. Not every poor outcome is an opportunity for malpractice. And not even every physician error is worth turning into a malpractice claim. If you think you may have a malpractice claim, speak to an experienced attorney.

Source: Boston Globe, "Harvard study finds most doctors will be sued for malpractice during their careers," Beth Israel Deaconess, August 17, 2011.