title: Analysis of closed malpractice medical claims against Taiwanese EDs: 2003 to 2012.
abstract: OBJECTIVE
  The objective of the study is to examine the epidemiologic data of closed malpractice medical claims against emergency departments (EDs) in Taiwanese civil courts and to identify high-risk diseases.
  
  
  METHODS
  We conducted a retrospective study and reviewed the verdicts from the national database of the Taiwan judicial system that pertained to EDs. Between 2003 and 2012, a total of 63 closed medical claims were included.
  
  
  RESULTS
  Seven cases (11.1%) resulted in an indemnity payment, 55.6% of the cases were closed in the district court, but appeals were made to the supreme court in 12 cases (19.1%). The mean incident-to-litigation closure time was 57.7 ± 26.8 months. Of the cases with indemnity paid, 5 cases (71.4%) were deceased, and 2 cases (28.6%) were gravely injured. All cases with indemnity paid were determined to be negligent by a medical appraisal. The gravely injured patients had more indemnity paid than deceased patients ($299800 ± 37000 vs $68700 ± 29300). The most common medical conditions involved were infectious diseases (27.0%), central nervous system bleeding (15.9%), and trauma cases (12.7%). It was also found that 71.4% of the allegations forming the basis of the lawsuit were diagnosis related.
  
  
  CONCLUSIONS
  Emergency physicians (EPs) in Taiwan have similar medico-legal risk as American EPs, with an annual risk of being sued of 0.63%. Almost 90% of EPs win their cases but spend 58 months in litigation, and the mean indemnity payment was $134738. Cases with indemnity paid were mostly categorized as having diagnosis errors, with the leading cause of error as failure to order an appropriate diagnostic test.
authors.affiliation: Department of Emergency Medicine, Kaohsiung Chang Gung Memorial Hospital, Chang Gung University College of Medicine, Kaohsiung County 833, Taiwan. Electronic address: hayatowu1120@gmail.com.
authors.forename: Kuan-Han
authors.initials: KH
authors.lastname: Wu
authors.affiliation: Department of Emergency Medicine, Kaohsiung Chang Gung Memorial Hospital, Chang Gung University College of Medicine, Kaohsiung County 833, Taiwan.
authors.forename: Chien-Hung
authors.initials: CH
authors.lastname: Wu
authors.affiliation: Department of Emergency Medicine, Kaohsiung Chang Gung Memorial Hospital, Chang Gung University College of Medicine, Kaohsiung County 833, Taiwan.
authors.forename: Shih-Yu
authors.initials: SY
authors.lastname: Cheng
authors.affiliation: Department of Emergency Medicine, Kaohsiung Chang Gung Memorial Hospital, Chang Gung University College of Medicine, Kaohsiung County 833, Taiwan.
authors.forename: Wen-Huei
authors.initials: WH
authors.lastname: Lee
authors.affiliation: Department of Emergency Medicine, Kaohsiung Chang Gung Memorial Hospital, Chang Gung University College of Medicine, Kaohsiung County 833, Taiwan.
authors.forename: Chia-Te
authors.initials: CT
authors.lastname: Kung
mesh_terms: D016208:Databases, Factual / Q000706:statistics & numerical data; D004636:Emergency Service, Hospital / Q000331:legislation & jurisprudence*; D006801:Humans; D016365:Liability, Legal / Q000191:economics; D008318:Malpractice / Q000191:economics / Q000706:statistics & numerical data*; D019300:Medical Errors / Q000191:economics / Q000331:legislation & jurisprudence; D010820:Physicians / Q000331:legislation & jurisprudence; D012189:Retrospective Studies; D013624:Taiwan / Q000453:epidemiology