Obstetrics and malpractice: evidence on the performance of a selective no-fault system

Article Abstract:

Malpractice litigation is the process by which patients who believe they have been the victims of substandard medical care seek financial redress for their injuries and suffering. The escalating number of malpractice claims filed, as well as increases in the size of damages awarded, has resulted in increased premiums for physicians in general, and obstetricians in particular. Fear of being the target of a malpractice suit causes doctors to prescribe unnecessary diagnostic and therapeutic procedures, as well as avoid accepting uninsured (or Medicaid-covered) mothers into their practices. An alternative insurance system is described based on essentially pro forma payment for ''accelerated compensation events'' (ACEs), particularly flagrant (very obvious) instances of avoidable, readily identifiable substandard medical practice for which a plaintiff would most likely be ultimately remunerated (receive compensation), even in disputed cases. A key criterion for the selection of ACEs is that, in addition to being identifiable and preventable, they do not introduce any incentive for physicians to carry out medically unsound treatment in an effort to avoid commission of an ACE. Application of the principals of an ACE-based system to a large database of obstetrical malpractice claims shows that two-thirds of the currently paid malpractice claims would be covered by such a system, and that such a system is feasible to develop and apply, would involve a substantial savings in time and expense per case, and would most likely not introduce a large number of new claims. (Consumer Summary produced by Reliance Medical Information, Inc.)

Innovations, Laws, regulations and rules, Obstetrics, No-fault insurance, No fault insurance

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Factors that prompted families to file medical malpractice claims following perinatal injuries

Article Abstract:

Families whose infants suffer from perinatal injuries have many reasons for filing malpractice suits against their physician. Perinatal injuries are those that occur between the 28th week of pregnancy and the first seven days of life. Of 127 mothers whose infants experienced perinatal injury or death, the majority (33%) filed a lawsuit upon the advice of a knowledgable acquaintance, most often a member of the medical profession. Other reasons given for filing a lawsuit were that they recognized a cover-up (24%), needed money (24%), recognized that their child would need expensive care (23%), needed information (20%), or decided to seek revenge or to protect others from malpractice (19%). Most of the families complained about poor physician-patient communication. Seventy percent complained that their physician did not inform them of their infant's prognosis, 48% that their physician misled them, 32% that their physician would not talk or answer questions, and 13% that their physician would not listen.

Planning, Injuries, Infants (Newborn), Newborn infants, Complaints (Civil procedure)

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Medical malpractice experience of physicians: predictable or haphazard?

Article Abstract:

This study examines various aspects of medical malpractice lawsuits among physicians in Florida. Most payments made from successful lawsuits involved a small number of physicians. Physicians with distinguished credentials had just as many, and perhaps more, lawsuits filed against them than physicians with less reputable credentials. In addition, physicians who had adverse experience with lawsuits were less likely to resign from their practice or move to another state, and later had more malpractice complaints filed against them. For example, physicians who had adverse experience with lawsuits between 1975 and 1980 had even worse experience with claims filed against them between 1981 and 1983. However, the Florida licensing board did not issue severe sanctions against physicians.

Analysis, Statistics, Malpractice

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