• 30
  • November
    2011

According to a recent study published in the New England Journal of Medicine, the majority of malpractice claims do not result in payments to injured patients. The findings fly in the face of assumptions that the medical malpractice system is behind the rising costs of health care and lawsuits with large payouts.

The study, which looked at medical malpractice claims filed between 1991 and 2005, doctors have a 7.4 percent chance of being sued for malpractice, though only 1.6 of those claims ended in a payment by settlement or jury award.

The study, which looked at malpractice claims nationwide, found that neurosurgeons faced the greatest risk, with 19.1 percent of them facing a malpractice claim each year. Thoracic-cardiovascular surgeons have a 18.9 percent risk, and general surgeons face a 15.3 percent risk. Among the 25 different specialties examined, obstetricians ranked seventh among the specialties most likely to be sued. Over 10 percent of obstetricians face malpractice claims annually.

Defending against malpractice claims is costly for doctors, and states have attempted a number of approaches to reduce them. Among them is an approach introduced into New York which makes use of judge-directed negotiation from the beginning of malpractice cases. The approach is supposed to encourage resolution of the matter more quickly.

The approach was introduced into Bronx County, New York several years ago. Those who support the approach say it is helpful in resolving a number of types of cases.

In 2003, Texas adopted a comprehensive tort reform bill which capped non-economic damages for plaintiffs. This was an effort to make to make things easier for physicians, but critics say the law made it more difficult for plaintiffs. In our next post, we'll take a look at Texas' medical malpractice law.

Source: NPR, "Here Comes The Judge: A New Prescription For Medical Malpractice," Michelle Andrews, November 22, 2011.