Claims, Errors, and Compensation Payments in Medical Malpractice Litigation

• Published in: The New England journal of medicine Vol. 354; no. 19; pp. 2024 - 2033
• Main Authors: Studdert, David M, Mello, Michelle M, Gawande, Atul A, Gandhi, Tejal K, Kachalia, Allen, Yoon, Catherine, Puopolo, Ann Louise, Brennan, Troyen A
• Format: Journal Article
• Language: English
• Published: Boston, MA Massachusetts Medical Society 11.05.2006
• Subjects: Adolescent; Adult; Aged; Biological and medical sciences; Child; Child, Preschool; Compensation and Redress - legislation & jurisprudence; Costs and Cost Analysis; Female; General aspects; Health participants; Hospitals; Humans; Infant; Infant, Newborn; Insurance companies; Lawyers; Legal reform; Liability, Legal - economics; Litigation; Male; Malpractice - economics; Malpractice - legislation & jurisprudence; Malpractice - statistics & numerical data; Medical Errors - economics; Medical Errors - legislation & jurisprudence; Medical Errors - statistics & numerical data; Medical malpractice; Medical sciences; Middle Aged; Patient safety; Public health. Hygiene; Public health. Hygiene-occupational medicine; Retrospective Studies; Surgery; United States; United States; United States > US; Medicine; Payment; Health staff; Compensation; Health economy; Malpractice; Litigation; Error; Indemnization
• ISSN: 0028-4793; 1533-4406
• DOI: 10.1056/NEJMsa054479

Frivolous lawsuits have been cited as a major contributor to the high costs of the malpractice system in the United States. In this national study of 1452 closed claims, physician reviewers found no evidence of medical errors in 37 percent. Most claims, however, did not result in payment to the plaintiffs. Claims not associated with errors accounted for only 13 to 16 percent of the total costs. In this national study of 1452 closed claims, physician reviewers found no evidence of medical errors in 37 percent. Most claims, however, did not result in payment to the plaintiffs. Claims not associated with errors accounted for only 13 to 16 percent of the total costs. The debate over medical malpractice litigation continues unabated in the United States 1 and other countries. 2 – 4 Advocates of tort reform, including members of the Bush administration, lament the burden of “frivolous” malpractice lawsuits and cite them as a driving force behind rising health care costs. 5 , 6 (A frivolous claim is one that “present[s] no rational argument based upon the evidence or law in support of the claim.” 7 ) Plaintiffs' attorneys refute this charge, countering that contingency fees and the prevalence of medical errors make the pursuit of meritless lawsuits bad business and unnecessary. 8 , 9 Previous research has established that the . . .