Medical malpractice claims filed by Medicaid and non-Medicaid recipients in Maryland

Article Abstract:

A study was conducted to see if patients on Medicaid are more likely than other persons to file medical malpractice claims. The outcomes of 1,037 malpractice claims filed during 1985 and 1986 in Maryland were analyzed. Although this is not a national study, the history of Medicaid claims in Maryland is similar to the national average. Patients on Medicaid were not more likely than persons with other financial resources to file malpractice claims. In fact, compared with the number of claims filed by state residents not on Medicaid, a smaller proportion of claims were filed by Medicaid recipients. Characteristics of the claims and claimants were evaluated. Compared with nonMedicaid claimants, patients on Medicaid who filed for malpractice were, on average, younger. This may be related to the fact that Medicaid programs are available to young women with infants. Claims from patients on Medicaid were more likely to involve incidents that occurred in the hospital rather than in a physician's office. In addition, they were concerned with moderately severe permanent loss, such as the loss of a limb, hearing or sight. Claims from patients not on Medicaid were more likely to involve temporary injuries, such as cuts or side effects of drugs, and injuries resulting in death. The proportion of obstetric claims filed by patients on Medicaid was equal to their proportion of obstetric hospital discharges. These findings indicate that physicians should not avoid treating patients on Medicaid, thinking that they are more likely to be sued for malpractice by these patients. (Consumer Summary produced by Reliance Medical Information, Inc.)

Social aspects, Laws, regulations and rules, Medicaid, Maryland

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American Medical Malpractice Litigation in Historical Perspective

Article Abstract:

Malpractice was first linked to the medical profession in 1768, when Sir William Blackstone included it in his Commentaries on the Laws of England. Although his commentary was widely read in the American colonies, medical malpractice litigation did not appear in the US until around 1840. Several factors are responsible for its appearance at that time, including the development of the concept of professionalism, medical innovation, the creation of practice standards, liability insurance, contingent fees, citizen juries, and the nature of tort pleading in the US.

History

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Medical Malpractice and Legal Resolution Systems in Japan

Article Abstract:

The number of malpractice claims in Japan is increasing, as is the amount of the award. The number of malpractice suits filed in district courts increased from 102 in 1970 to 629 in 1998 and the percentage of awards over $89,000 increased from 14% in 1976 to 65% in 1987.

Japan

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