Twenty years of evidence on the outcomes of malpractice claims.
Two decades of social science research on the outcomes of medical malpractice claims show malpractice outcomes bear a surprisingly good correlation with the quality of care provided to the patient as judged by other physicians. Physicians win 80% to 90% of the jury trials with weak evidence of medical negligence, approximately 70% of the borderline cases, and even 50% of the trials in cases with strong evidence of medical negligence. With only one exception, all of the studies of malpractice settlements also find a correlation between the odds of a settlement payment and the quality of care provided to the plaintiff. Between 80% and 90% of the claims rated as defensible are dropped or dismissed without payment. In addition, the amount paid in settlement drops as the strength of the patient's evidence weakens.
Peters
Philip G
PG
Hulston Hall, School of Law, University of Missouri-Columbia, Columbia, MO 65211, USA. petersp@missouri.edu
D006801:Humans; D008318:Malpractice / Q000191:economics / Q000706:statistics & numerical data* / Q000639:trends; D010820:Physicians / Q000592:standards; D011787:Quality of Health Care; D014481:United States