NCJ Number
143167
Journal
Justice System Journal Volume: 16 Issue: 2 Dated: (1993) Pages: 7-19
Date Published
1993
Length
13 pages
Annotation
This article sketches a picture of the behavior of the medical malpractice litigation system as it has been brought into view by recent and some classical empirical research.
Abstract
Unlike researchers in other areas of tort litigation, those studying medical malpractice have attempted to measure the underlying base of injuries that may give rise to malpractice claims, as well as the cost distribution of injuries. Studies of hospital records indicate rates of negligent injury ranging from 1 of every 46 hospital discharges to 1 of every 127. Research findings on the incidence of compensation range from 6 claims for every 100 negligent injuries to 10 per 100. Medical malpractice claims appear to be increasing, although about 90 percent are resolved without a trial. Of an estimated $176 billion in a recent year in medical expenses, lost earnings, and other direct losses due to negligent injuries, less than $8 billion was paid by settlements or awards obtained through the liability system. Jury decisions in medical malpractice cases are discussed, along with reforms to the civil justice system. 22 footnotes